CHAPTER 236 - PLANT VARIETY AND SEEDS ACT: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Specified Varieties of Seed Notice
Plant Variety and Seeds Regulations
SPECIFIED VARIETIES OF SEED NOTICE
[Section 49]
Arrangement of Paragarphs
Paragraph
2. Specified varieties of seed
SI 155 of 1987.
[Notice by the Minister]
This Notice may be cited as the Specified Varieties of seed Notice.
2. Specified varieties of seed
The varieties of seed set out in the Schedule hereto are specified seed for certification.
[Paragraph 2]
SPECIFIED VARIETIES (CULTIVARS) FOR CERTIFICATION
|
Species of Seed |
Varities |
|
1. Cereals |
MM501 |
|
1:1 Maize |
MM502 |
|
(Zea mays L.) |
MM504 |
|
MM601 |
|
|
MM603 |
|
|
MM604 |
|
|
MM606 |
|
|
MM752 |
|
|
SR52 |
|
|
ZH1 |
|
|
MMV400 |
|
|
MMV600 |
|
|
I:2 Rice |
Angola Crystal |
|
(Oryza sativa L.) |
Burma |
|
Kalembwe |
|
|
Malawi Faya |
|
|
Sindano |
|
|
Var. 1329 |
|
|
Var. 1345 |
|
|
Var. 1632 |
|
|
Var. 7601 |
|
|
I:3 Sorghum |
Framida |
|
(Sorghum bicolor (L.) Moench) |
ZS/1 |
|
I:4 Triticale |
Unza-T-1 |
|
(X Triticosecale Wittm.) |
|
|
I:5 Wheat |
Canary |
|
(Triticum spp.) |
Emy |
|
Hornbill |
|
|
Loerie |
|
|
Whydah |
|
|
2. Pulses |
|
|
II:1 Beans |
BAT 331 |
|
(Phaseolus vulgaris L.) |
Caricca |
|
Contender |
|
|
Misamfu Speckled Sugar |
|
|
Misamfu Stringless |
|
|
NEP2 |
|
|
Top Crop |
|
|
2:2 Cowpea |
Muliana |
|
Vigna unguiculata (L.) Walp.) |
Shipepo |
|
2:3 Soyabean |
Hernon 147 |
|
(Glycine max (L.) Merr.) |
Jupiter |
|
Kaleya |
|
|
Magoye |
|
|
Santa Rosa |
|
|
Tunia |
|
|
2:4 Velvet Bean |
Apard |
|
(Mucuana deeringiana (Bort) Meer) |
Somerset |
|
3. Oil Crops |
|
|
3:1 Ground nut |
Chalimbana |
|
(Arachis hypogaea L.) |
Comet |
|
Makulu Pink |
|
|
Makulu Red |
|
|
Natal Common |
|
|
3:2 Sunflower |
CCA-75 |
|
(Helianthus annuus L.) |
CCA-81 |
|
CCB-73 |
|
|
CH232 |
|
|
CH241 |
|
|
CH258 |
|
|
CH261 |
|
|
CH278 |
|
|
4. Fiber Crops |
|
|
4:1 Cotton |
Chilala |
|
(Gossypium spp.) |
Chirundu |
|
Chuzera |
|
|
4:2 Kenaf |
Ken Bha |
|
(Hibiscus cannabinus L.) |
Kenirs |
|
Ken Kab |
|
|
5. Herbage Grasses |
|
|
5:1 Buffel grass |
Bayndah |
|
(Cenchrus ciliaris L.) |
Biolela |
|
Tarewinnbar |
|
|
5:2 Guinea Grass |
Green Panic |
|
(Panicum maxicum Jacp.) |
Hamil |
|
Makueni |
|
|
Sabi |
|
|
Semper Verde |
|
|
5:3 Rhodes Grass |
Giant Rhodes |
|
(Chloris gayana Kunth.) |
Katombora |
|
5:4 Setaria Grass |
Kazungula |
|
(Setaria sphacelata (Schum.) |
Nandi |
|
Stapf et C.E. Hubb) |
|
|
6. Herbae Leyumes |
|
|
6:1 Glycine |
Clarence |
|
(Glycine javanica L.) |
Cooper |
|
Tinaroo |
|
|
6:2 Leucaena |
Cunningham |
|
(Leucaena leucocephala (Lam.) de Wit) |
Hawaiian Giant |
|
Peru |
|
|
6.3 Lucerne |
Hairy Peruvian |
|
Medicago sativa L. |
Hunter River |
|
Sira Peruvian |
|
|
6:4 Stylo |
Cook |
|
(Stylosanthes guianensis (Aubl.) Sw.) |
Endeavour |
|
Oxley |
|
|
Schofield |
|
|
7. Vegetables |
|
|
7:1 Beet Broad |
Leaved |
|
(Beta vulgaris L.) |
Crosby Egyptian |
|
Detroit Dark Red |
|
|
Early Flat Egyptian |
|
|
Ford Hook Giant |
|
|
Grimson Globe |
|
|
Lucullus |
|
|
7:2 Cabbage |
|
|
(Brassica oleracea L. var. capitata L.) |
Drummhead Late |
|
Golden Acre |
|
|
Gloria |
|
|
Glory of Enkhusien |
|
|
Riana |
|
|
Rotan |
|
|
7:2 Carrot |
Amsterdam Forcing |
|
(Daucus carota L.) |
Chantenay Red Cored |
|
Nantes |
|
|
7:4 Cauliflower |
Early Snowball |
|
(Brassica oleracea L. Convar botrytis (L.) Alef. var. botrytis) |
|
|
7:5 Kale |
Chroumoullier |
|
(Brassica oleracea L. var. acephala DC) |
|
|
7:6 Leek |
Italian Giant |
|
(Allium porrum L.) |
|
|
7:7 Lettuce |
All the Year Round |
|
(Lactuca cativa L.) |
Great Lakes |
|
New York |
|
|
7:8 Onion |
Early Lockyer Brown |
|
(Allium cepa L.) |
Henry-s Special |
|
R2374 |
|
|
Texas Early Grano |
|
|
TropIcal Ace |
|
|
Yellow Dessex |
|
|
Yellow Granox |
|
|
7:9 Pea |
Dark Skin Perfection |
|
(Pisum sativum L. Sensu late) |
Green Feast |
|
Onward |
|
|
7:10 Pepper |
California Wonder |
|
(Papsicum spp.) |
College 642 |
|
Local Long |
|
|
Long thin Cyanne |
|
|
Yolo Wonder |
|
|
7:11 Pumpkin |
Big Max |
|
(Cucurbita pepo L.) |
Green Boer |
|
Queensland Blue |
|
|
7:12 Rape |
Giant Essex |
|
(Brassica napus L.) |
NIRS 1 |
|
Prior |
|
|
7:13 Tomato |
Herald |
|
(Lycopersicon esculentum P. Mill.) |
Indian River |
|
Margloba |
|
|
Marmande |
|
|
Moneymaker |
|
|
Monprecos |
|
|
Red Kaki |
|
|
Roforto VFN |
|
|
Roma VF |
|
|
7:14 Water melon |
Charleston Grey |
|
(Citrullus lanatus (Thumb.) Matsun et Nahai) |
Chilean Black |
|
Congo |
|
|
Crimson Sweet |
|
|
Sugar Baby |
|
|
8. Stimulany Crops |
|
|
8:1 Tobacco |
Banket A-1 |
|
(Nicotiana tabacum L.) |
Burley 21 |
|
Harwin |
|
|
Hicks |
|
|
Kutsaga E1 |
|
|
Kutsaga E2 |
|
|
Kutsaga 51 |
|
|
Kutsage 51E |
|
|
North Carolina |
|
|
SCR |
|
|
Speight G41 |
|
|
White Gold |
|
|
Zambia Mammoth |
|
|
9. Tuber Crops |
|
|
9:1 Potatoes |
Pentland Dell |
|
(Solanum tuberosum L.) |
Pimpernell |
|
Up to Date |
|
|
Van der Plank |
PLANT VARIETY AND SEEDS REGULATIONS
[Sections 35 and 84]
Arrangement of Regulations
Regulation
4. Licensing of Certifying Agency
8. Declaration of seed quality
9. Registration as seed grower
11. Evidence of class of seed grown
13. Licence for seed inspector
17. Licence for seed processing
19. Suspension or revocation of licence
20. Reinstatement of licences and re-application for licences
23. Official seed testing station
24. Licensed seed testing station
33. Validity of certification and quality declaration
37. Functions of Variety Release Committee
39. Variety Release Committee meetings
40. Functions of Secretariat of Variety Release Committee
41. Application for variety pre-release
42. Requirements for pre-release
43. Duration for official variety testing
44. Application for variety release
46. Rules for denomination of varieties
50. Revocation of S.I. No. 133 of 1984 and S.I. No. 67 of 1988
SI 23 of 2018,
SI 109 of 2021.
These Regulations may be cited as the Plant Variety and Seeds Regulations.
In these Regulations unless the context otherwise requires-
"agricultural value" means the agronomic attribute of a variety;
"analytical purity" means the percentage by weight of pure seed determined by physical purity analysis;
"Association" means the International Seed Testing Association (ISTA);
"authentic sample" means a quantity of seed of a variety which exhibits defined habits and characteristics as originally submitted by the applicant;
"Certifying Agency" has the meaning assigned to the word in the Act;
"Certifying Authority" has its meaning assigned to the words in the Act;
"control growing" means the growing of plants to determine cultivar purity, disease infection and other factors;
"Controller of Seeds" means the Public officer appointed under the Act;
"cultivar" means subdivision of any species of seed which can be distinguished from another subdivision of that species by means of growth, plant, fruit or other characteristics;
"cultivar purity" means the percentage by number of seeds or plants found to be true to type under laboratory, field or control growing examination;
"defect index" means a figure giving the disease, pest or other physical conditions of a growing crop, a control growing crop or a potato seed lot, taking into consideration the frequency and severity of the defects;
"defect test" means a test carried out to determine the percentage by weight of broken, insect damaged, diseased or shrivelled seeds;
"distinctness, uniformity and stability test" means a test for distinctness, uniformity and stability of variety;
"eligible variety" means an officially released variety;
"field inspection" means an inspection for a seed field standards as part of a seed certification programme;
"germination capacity" means the percentage by number of pure seed which in the course of a germination test have produced normal seedlings;
"genetic purity" means the percentage by number of a seed or plant found to be true to genotype under laboratory, field or control growing examination;
"hybrid" means a plant which grows from a seed produced as a result of controlled crossing between two or more genetically unlike parents;
"inbred line" means a pure line developed by self pollination and selection until homozygous plants are obtained;
"Institute" means the Seed Control and Certification Institute of Zambia;
"isolation" means the required distance in space or time between two crops of the same species or between two crops of very closely related species to prevent contamination either mechanically or by pollination;
"licensed seed inspector" means a person licensed by the Controller of Seeds to inspect seed;
"licensed seed sampler" means any person licensed by the Controller of Seeds to sample seed;
"licensed seed testing laboratory" means a premises licensed by the Controller of Seeds to test seed;
"list of specified varieties" means an official list of varieties that have been approved by the Variety Release Committee for certification purposes;
"modified inbred line" means an improved inbred line with at least one superior trait incorporated while maintaining its original phenotypic characteristics;
"noxious weed" means weed species declared noxious by the Noxious Weeds Act;
"official seed analyst" means a government seed analyst;
"official seed inspector" means a government seed inspector;
"official seed sampler" means a government seed sampler;
"official seed testing laboratory" means a government seed testing station;
"A official released variety" means a variety approved and registered by the Variety Release Committee and may be multiplied for seed;
"off type plant" means a plant which does not exhibit the recognised and accepted habits and characteristics of the cultivar being grown;
"open pollinated" means variety that is reproduced by means of uncontrolled cross pollination in isolation;
"parent seed" means general seed of any of the classes specified in the Third Schedule which may be used to produce seed under these Regulations;
"prerelease" means the official authorisation for the official testing of a new variety;
"prescribed seeds" means the prescribed seed specified in the Second Schedule;
"purity" means the percentage by weight of pure seed as determined by physical purity analysis;
"quality declared seed" means a class of seed produced within the framework of the seed certification scheme by a registered seed grower under regulation 8;
"QDS" means quality declared seed;
"release" means the official authorisation for the multiplication of a new variety;
"seed means any plant, plant material or plant part which is used for plant propagation;
"seeds" means prescribed seeds specified in the First Schedule;
"seed certification" means a system for quality control of seed;
"seed grower" means any person or organisation registered by the Controller of Seeds to produce seed for sale under regulation 9 and seed producer shall be construed accordingly;
"seed importer" means any person or organisation importing seed into Zambia for re-sale or planting;
"seed lot" means a specified quantity of seed, which is homogenous and physically identifiable;
"seed processing" means the activity carried out to improve the condition of the seed, which may include cleaning, grading, treating;
"seed sampler" means a person authorised by the Controller of Seeds to sample seeds under regulation 14;
"seed seller" means any person or organisation selling seeds under regulation 18;
"seed testing station" means premises referred to under regulation 22;
"self pollinated variety" means a variety that is reproduced by means of self pollination;
"stability" means occurrence of essential characteristics in a variety after repeated reproduction;
"stake" means a stem cutting;
"tuber control" means the examination of potato tubers for the defects specified out in Part 2 of the Fourth Schedule;
"uniformity" means the resemblance, within tolerance, in major characteristics of individual plants within a variety;
"value for cultivation and use" means agricultural and produce value of a variety;
"A variety" means a subdivision of a crop of seed which can be distinguished from other subdivisions of that crop by means of plant, fruit or other characteristics;
"varietal purity" means the percentage by number of seed or plants found to be true to type;
"vegetatively propagated variety" means a variety that is reproduced using the vegetative parts of the plant;
"village" means rural community or place where seed services are not easily available or accessible;
"vine" means a sweet potato stem cutting;
"volunteer plant" means a growing plant of the same species as that being grown for seed which has not been specifically planted in the place where it is growing; and
"weed plant" is a plant which is not of the same species as the crop being grown, and which is generally considered as a weed.
(1) The Institute shall conduct variety assessment, seed testing and seed inspections.
(2) The Institute shall monitor personnel and institutions licensed under this Act.
(3) The Institute shall monitor seed trade and register seed companies operating within the Republic.
4. Licensing of Certifying Agency
(1) An institution that intends to be licensed as a Certifying Agency shall apply to the Controller of Seeds in Form I set out in the First Schedule.
(2) The Controller of Seeds shall, where the Controller of Seeds approves an application, issue a licence in Form II set out in the First Schedule.
(3) The Controller of Seed shall, where the Controller of Seed rejects an application for a licence, inform the applicant of the rejection in Form III as set out in the First Schedule.
The seeds set out in the Second Schedule shall be prescribed seed for the purposes of the Act.
(1) A person shall not deal in the seed set out in the Third Schedule unless that seed has been certified by the Certifying Authority or a Certifying Agency.
(2) A seed shall not be certified unless it has been produced, inspected, sampled, tested and complies with the standards set out in the Fifth Schedule.
(3) A seed shall be certified in seven classes as specified in Fourth Schedule.
(4) The Variety Release Committee shall approve a cultivar for certification.
(5) A cultivar is not eligible for certification if it has not been approved by the Variety Release Committee.
(6) A seed which contains a noxious weed or noxious ergot is not eligible for certification.
(1) A person shall not offer seed for sale unless the seed has been certified under regulation 6.
(2) The species of seed set out in the Third Schedule shall not be offered for sale unless it has been certified.
8. Declaration of seed quality
A seed whose quality conforms to the standards set out in the Fifth Schedule shall be a declared seed.
9. Registration as seed grower
(1) A person who intends to grow seed shall apply for registration as a seed grower in Form IV as set out in the First Schedule on payment of the fee set out in the Seventh Schedule.
(2) An application shall not be approved in respect of land on which during the preceding season other cultivars of the same crop or other closely related crops have been grown, and in the case of potato where during the preceding three years potatoes or other Solanaceous crops have been grown.
(3) The Controller of Seeds shall, on registration of a person as a registered seed grower, furnish the applicant with a certificate of registration in Form V set out in the First Schedule.
(4) Unless the Controller of Seeds decides otherwise, only one cultivar of the same species shall be permitted on the same farm.
(5) The registered seed crop shall not exceed the approved hectarage by more than 10 per cent.
(6) Where a registered seed crop exceeds the approved hectarage under sub-regulation (5), the excess amount shall be destroyed without compensation, immediately on the order of an authorised seed inspector.
(7) The Controller of Seeds shall keep a register of registered seed growers.
(8) A seed grower shall plant the appropriate parent seed for the production of that grower' registered seed class and shall keep a record of that parentage including certification labels that may be sufficient to satisfy the requirements specified in Form V set out in the First Schedule.
(9) A person who intends to be a seed grower shall register a seed crop not later than 15th October in every year for rain-fed crops and not later than 31st March in every year for irrigated crops.
(10) In case of cotton, seed production shall be registered in zones as designated by the Certifying Authority.
(1) A fee for late registration specified in the Seventh Schedule shall be imposed for seed crops registered after the deadline set under regulation 9(9).
(2) An application received after two weeks of the deadline stated under sub-regulation (1) shall not be accepted.
11. Evidence of class of seed grown
(1) A grower shall plant the class of seed appropriate for the grower' production and shall retain such evidence of that class as may be sufficient to satisfy the requirements specified in Form V set out in the First Schedule.
(2) A seed produced under Class A Quality declared seed shall be produced from a quality declared seed or higher class as specified in the Fourth Schedule.
(3) The Controller of Seeds may from time to time approve planting material not of a class prescribed in the Third Schedule to be used as parent seed for production of seed under these Regulations.
(1) A seed inspector shall conduct field inspection for the purpose of certification.
(2) A seed inspector conducting a field inspection shall refuse to certify a crop if that inspector is satisfied that-
(a) the crop is heavily contaminated with weeds, other species, disease or insects, so as to render the crop unfit for seed or make inspections impracticable;
(b) in the case of blights in potatoes, the infection is approximately 50 per cent except that the inspector may certify the crop for seed if the crop is ready for harvest, and the haulms are destroyed within 72 hours of the inspection;
(c) the isolation distance or the standards relating to off types or other cultivars, set out in the Fifth Schedule have not been complied with;
(d) for hybrids of maize, sorghum and sunflower there are more than three pollinating females per thousand plants, and in the case of potato, the defect index exceeds the value prescribed in the Fifth Schedule for Class B; or
(e) the crop exceeds the approved and registered hectarage by more than 10 per cent.
<PN:"Highlighter 3">(3) If a seed crop does not meet the standards for the class it has been grown for non-hybrids, it may be approved in a lower class or rejected for certification if found to be of lower standard than that specified for 4th generation certified seed.
(4) A seed inspector shall for the purpose of certification, conduct the following minimum number of inspections-
(a) for open pollinated, a minimum of three inspections, one of which shall be clearance for harvesting; and
(b) for hybrids, a minimum of five inspections, three of which shall be during flowering.
(5) A seed inspector shall make a report of every field inspection in Form VI for general seeds and Form VII for potato seed, set out in the First Schedule, which shall be counter signed by the registered grower or that grower' representative.
13. Licence for seed inspector
(1) A person intending to inspect seed shall apply to the Controller of Seeds for a licence to inspect seed in Form VIII set out in the First Schedule on payment of the applicable fee set out in the Seventh Schedule.
(2) A person shall not inspect seed without a licence to inspect seed in Form IX set out in the First Schedule.
(3) The Controller of Seeds shall issue a license to inspect seed where the Controller of Seeds is satisfied that the applicant has undergone appropriate training and qualifies to be a seed inspector.
(4) A licence to inspect seed shall-
(a) specify the conditions relating to the inspection of seed; and
(b) be valid for a period of 12 months.
(5) A licensed seed inspector shall be subject to supervision by the Certifying Authority and shall at all times maintain a level of performance satisfactory to the Controller of Seeds.
(6) The Controller of Seeds shall maintain a register of holders of licences to inspect seed.
(7) The minimum qualification for a seed inspector shall be the same as that for a government seed inspector.
(1) A person shall not sample seed without a licence to sample seed in Form XI set out in the First Schedule.
(2) A person intending to sample seed shall apply to the Controller of Seeds for a licence to sample seed in Form X set out in the First Schedule upon payment of the applicable fee set out in the Seventh Schedule.
(3) The Controller of Seeds shall issue a licence to sample seed where the Controller of Seeds is satisfied that the applicant has undergone appropriate training to sample seed and qualifies to be a seed sampler.
(4) A licence to sample seed shall-
(a) specify the conditions relating to the sampling of seeds; and
(b) be valid for a period of 12 months.
(5) A licensed seed sampler shall be subject to supervision by the Certifying Authority and shall at all times maintain a level of performance satisfactory to the Controller of Seeds.
(6) The Controller of Seeds shall maintain a register of holders of licences to sample seed.
(7) The minimum qualification for seed sampler shall be the same as that for a Government seed sampler.
(1) A person shall not analyse seed without a licence to analyse seed in Form XIII set out in the First Schedule.
(2) A person intending to apply for a licence to analyse seed shall apply to the Controller of Seeds in Form XII set out in the First Schedule upon payment of the applicable fee set out in the Seventh Schedule.
(3) The Controller of Seed shall issue a licence to analyse seed where the Controller of Seeds is satisfied that the applicant has undergone appropriate training to analyse seed and qualifies to be a seed analyst.
(4) A licence to analyse seed shall-
(a) set out the conditions relating to analysis of seed; and
(b) be valid for a period of 12 months.
(5) A licensed seed analyst shall be subject to supervision by the Certifying Authority and shall at all times maintain a level of performance satisfactory to the Controller of Seeds.
(6) The Controller of Seeds shall maintain a register of holders of licences to analyse seed.
(7) The minimum qualifications for seed analysts shall be as that for Government seed analyst.
(1) A person or organisation shall not test seeds without a licence to test seed in Form XV set out in the First Schedule.
(2) A person intending to apply for a licence to test seed where shall apply to the Controller of Seeds in Form XIV set out in the First Schedule upon payment of the applicable fee set out in the Seventh Schedule.
(3) The Controller of Seed shall issue a licence to test seed the Controller of Seeds is satisfied that the applicant has the ability and appropriate facilities to test seed.
(4) A licence to test seed shall be valid for a period of 12 months.
(5) A licensed seed testing laboratory shall be subject to supervision by the Certifying Authority and shall at all times maintain a level of performance satisfactory to the Controller of Seeds.
(6) The Controller of Seeds shall maintain a register of holders of licences to test seed.
(7) The Controller of Seeds or the Controller of Seed' representative shall inspect licensed seed testing laboratories and other related facilities.
17. License for seed processing
(1) A person shall not process seeds without a licence to process seed as set out in Form XVII in the First Schedule.
(2) A person intending to apply for a licence to process seed shall apply in Form XVI set out in the First Schedule upon payment of the applicable fee in the Seventh Schedule.
(3) The Controller of Seeds shall issue a licence to process seed where the Controller of Seeds is satisfied that the applicant has undergone the appropriate training and has the appropriate processing facilities to produce quality seed.
(4) A licence to process seed shall-
(a) set out the conditions relating to the processing of seed; and
(b) be valid for a period of 12 months.
(5) A licensed seed processing plant shall be subject to supervision by the Certifying Authority and shall at all times maintain a level of performance satisfactory to the Controller of Seeds.
(6) The Controller of Seeds shall maintain a register of holders of licences to process seed.
(7) The Controller of Seeds or the Controller' representative shall inspect any processing premises.
(1) A person shall not sell seeds without a seed seller's licence in Form XIX set out in the First Schedule.
(2) A person intending to apply for a seed seller' licence shall apply in Form XVIII set out in the First Schedule upon payment of the applicable fee set out in the Seventh Schedule.
(3) The Controller of Seeds shall issue a seed seller' licence where the Controller of Seeds is satisfied that the applicant has the ability, knowledge and appropriate facilities to maintain the quality of seed.
(4) A seed seller' licence shall-
(a) set out the conditions relating to the maintenance of the seed to be exposed for sale; and
(b) be valid for a period of 12 months.
(5) A licensed seed seller shall be subject to supervision by the Certifying Authority and shall at all times maintain a level of performance satisfactory to the Controller of Seeds.
(6) The Controller of Seeds shall maintain a register of holders of seed seller' licence.
(7) The Controller of Seeds or the Controller of Seeds representative shall enter and inspect any premises where seeds are kept for sale.
(8) A report of every seed warehouse inspection shall be made by the seed inspector in Form XX set out in the First Schedule, and shall be countersigned by the owner or the owner' representative.
19. Suspension or revocation of licence
A licence issued under these Regulations may be suspended or revoked by the Certifying Authority for a breach of the conditions set out in a particular licence.
20. Reinstatement of licences and re-application for licences
(1) The holder of a suspended licence may apply to the Controller of Seeds for reinstatement of the licence.
(2) A person may re-apply for a new licence where the existing license has been revoked under regulation 19 in accordance with these Regulations.
(3) The Controller of Seeds may reverse the suspension of the licence or grant a new license where the Controller of Seeds is satisfied that the applicant will uphold the conditions of the licence.
(1) The sampling of seed lots shall be conducted in accordance with the Association rules in force at the time of the sampling.
(2) A person may blend and bulk crops from different fields of the same origin, species and cultivar which have passed field inspections to constitute one seed lot under supervision of an official seed inspector.
(3) The seed shall be weighed using weights approved under the Metrology Act.
(4) A seed sampler who conducts the sampling shall submit that sample to the Controller of Seeds together with a report of the sampling in Form XXI set out in the First Schedule and countersigned by the applicant or the applicants representative.
(5) A seed sample shall be collected at sealing and submitted to the Certifying Authority for laboratory tests for post control purposes.
(6) A seed lot which has been sampled in accordance with this Regulation may be moved from one place to another.
The testing of seed for the purposes of determining seed quality shall be done, either by an official seed testing station or at a licensed seed testing station.
23. Official seed testing station
The official seed testing station shall-
(a) be the main government seed testing laboratory;
(b) monitor licensed seed testing laboratories in the country;
(c) test seed in accordance with Association rules;
(d) record the result of a laboratory seed test in Form XXII set out in the First Schedule and state whether the seed is marketable or not;
(e) test seed samples drawn from licensed seed testing station for monitoring purposes; and
(f) issue seed certificates.
24. Licensed seed testing station
(1) A licensed seed testing station shall-
(a) be housed in premises approved by the Controller of Seeds and equipped in accordance with requirements specified;
(b) be managed by a licensed seed analyst;
(c) test seed in accordance with Association rules;
(d) record the results of the seed test in Form XXII set out in the First Schedule;
(e) make available to the Certifying Authority every sample tested for random sampling as specified in the Association rules;
(f) state in the certificate whether the seeds are marketable and the category of the seeds;
(g) make records available for inspection by the Controller of Seeds at reasonable times;
(h) be subject to supervision by Certifying Authority; and
(i) at all times maintain a level of performance satisfactory to the Controller of Seeds in the tests which it undertakes.
(2) A change to approved premises shall not be made without prior approval of the Controller of Seeds to the accommodation or equipment of the station, except replacement of consumable stores.
(1) A seed lot which has been sampled and tested under these Regulations shall be control grown in accordance with instructions issued by the Certifying Authority in line with international requirements.
(2) The Certifying Authority shall prepare a report on each control growing carried out under these Regulations in Form XXII for general seeds and Form XXIII for potato seeds set out in the First Schedule.
(3) Despite section 25(1) and (2), control growing for all crops specified in the Fourth Schedule is compulsory.
(4) The Certifying Authority shall determine the percentage of seed-lots to be control grown for each crop and class.
(1) A grower shall in respect of a potato crop intended for production of prebasic (S) or basic seed (SE), give notice to the inspector with information on the time that grower intends to destroy the haulms and lift potatoes in order to ensure that samples may be taken for purposes of virus control growing before the potatoes are lifted.
(2) An inspector shall take a minimum of 500 tubers per field as samples for virus control growing in potatoes in the field after haulm destruction.
(3) The Certifying Authority shall determine possible virus in potatoes using serological methods or ocular inspection or both, and shall give the result as a percentage by the number of infected tubers.
(4) The Certifying Authority shall prepare a report on each virus pest control carried out under these Regulations in Form XXIV set out in the First Schedule.
(1) A seed grower shall present potato seed for tuber control-
(a) not earlier than 14 days and not later than nine months after it has been lifted; and
(b) in seed lots, not exceeding 15 tonnes each.
(2) The Certifying Authority shall draw, from each lot presented for tuber control, at least 10 primary samples of a minimum of 50 tubers each.
(3) The primary samples mixed together shall form the working sample to be examined.
(4) The Certifying Authority shall examine at least 500 tubers per seed lot.
(5) The Certifying Authority shall wash the working samples, and cut through all the tubers before they are examined.
(6) The Certifying Authority shall submit a report on each tuber control carried out under these Regulations in Form XXV set out in the First Schedule.
Potato seeds shall be graded in four sizes in accordance with the following specifications-
(a) small, between 30-40 millimeters;
(b) medium, between 41-50 millimeters;
(c) large, between 51-60 millimeters; and
(d) ungraded.
(1) A seed inspector shall cause certified seed lots to be securely packaged, closed and sealed in containers.
(2) Where certified seed lots have to be repacked, the repacking shall be done only with the approval of and supervision by the Certifying Authority.
(1) A seller of seed whose quality has been declared under these Regulations shall label each package of seed being offered for sale and that label shall state the species, cultivar, purity, percentage by weight, germination capacity percentage by number, seed class, certification number, lot number, date of test and warning test where the seed lot is treated.
(2) The label shall be of a colour set out in the Third Schedule.
An inspector or sampler of seed who seals or causes to be sealed a container shall submit a sealing report in Form XXI set out in the First Schedule.
(1) A person shall store seed both before and after certification in a manner satisfactory to the Controller of Seeds-
(a) so as to avoid disease, infection and contamination;
(b) in buildings disinfected with a disinfectant approved by the Controller of Seeds; and
(c) in case of potatoes, in lots separate from ware potatoes and other potato seed lots.
(2) Where a person stores potato seed in an open shed that person shall not, in addition to the provisions of sub-regulation (1), allow volunteer solanaceous or old sprouting potato tubers within fifty metres of that open shed.
(3) Where an inspector determines that a potato seed has been stored contrary to the provisions of this Regulation that inspector may-
(a) refuse certification; or
(b) in the case of potato seed which has been certified, cancel such certification.
33. Validity of certification and quality declaration
(1) The validity of certification or quality declaration shall-
(a) be 9 months for cereals, pulses, oil crops, fibre crops and root crops;
(b) be 12 months from the date of completion of testing the seeds for herbage grasses and legumes, vegetables and stimulant crops;
(c) for potato seed, be two months from the date of tuber control before or after the expiry of a certificate;
(d) for cassava if the seed crop is still in the field, be every 2 months up to the age limit not exceeding 18 months from date of planting after first ratooning, unless ratooned; and
(e) for sweet potato, if the seed crop is still in the field, not exceeding two months from the date of planting and two months from the date of the previous harvest for a ratooned crop.
(2) The cassava and sweet potato planting material can not be re-validated, once harvested.
(1) A person shall not import seed for sale-
(a) without a valid seed seller' license;
(b) unless a seed import permit has been submitted to the Certifying Authority in Form XXVI set out in the First Schedule; and
(c) if the seed does not comply with the minimum standards set out in the Fifth Schedule.
(2) A seed import permit shall refer to one seed lot of a given species and cultivar.
(3) The importer of seed shall notify the Certifying Authority about the arrival of the consignment to facilitate sampling for the purpose of checking its quality and trueness to type.
(4) Trueness to type shall be compulsory to all crops.
(5) The Controller of Seeds may-
(a) regulate the certification of imported seed lots; or
(b) restrict the importation of a species and cultivar of seed.
(1) A plant variety shall be released in Zambia if-
(a) it has been tested under a two stage procedure and found suitable for commercialisation in Zambia; or
(b) it is considered so released as a result of an agreement on variety release to which Zambia is party.
(2) The two stage procedure under sub-regulation (1) shall be-
(a) in the first stage, which is referred to as prerelease, the applicant applies to Variety Release Committee to have a new variety officially tested; and
(b) in the second stage, where the applicant applies for the full release of that new variety after official testing.
(1) The Minister shall, on the advice of the Controller of Seeds, appoint members to the Variety Release Committee.
(2) A member shall be appointed from individuals who have distinguished themselves as professionals in the field of agriculture or related fields.
(3) The composition of the Variety Release Committee is as set out in the Sixth Schedule.
37. Functions of Variety Release Committee
The functions of the Variety Release Committee are to-
(a) review and set release procedures;
(b) release varieties for multiplication and marketing;
(c) recommend varieties for inclusion in the Variety Register;
(d) withdraw obsolete varieties from the list of recommended varieties; and
(e) approve the denominations of varieties.
The term of office of member of the Variety Release Committee shall be two years for the chairperson and three years for other members, and may be eligible for re-appointment for the same period.
39. Variety Release Committee meetings
(1) A Variety Release Committee shall at least four weeks before the expected date of the meeting issue a notice in writing to convene a meeting.
(2) Two-thirds of the Variety Release Committees voting members shall constitute a quorum for the purpose of transacting the Committee' business.
(3) The members of the Variety Release Committee shall, for the purpose of deciding whether a variety shall be released or not, carry out a secret ballot.
(4) A decision of the Committee shall be passed by a simple majority of the votes counted.
(5) In case of equal votes, the Chairperson shall have a casting vote.
(6) The Secretary of the Variety Release Committee shall not be eligible to vote.
40. Functions of Secretariat of Variety Release Committee
The functions of the Secretariat of the Variety Release Committee are to-
(a) give notice of meetings;
(b) take and circulate minutes of the meetings;
(c) receive and process applications for variety prerelease and release; and
(d) publish Lists of Recommended Varieties and Variety Registers.
41. Application for variety pre-release
(1) A person that intends to apply for a variety pre-release shall apply to the Secretary of the Variety Release Committee in Form XXVII set out in the First Schedule.
(2) The application shall be accompanied by an application fee as set out in the Seventh Schedule to cover the costs of multisite testing or evaluation tests and all relevant documentation including the application for the Distinctness, Uniformity and Stability test by duly completed Form XXVII.
(3) The applicant shall be limited to import set out quantities of pre-released varieties listed in the Sixth Schedule to test the market.
42. Requirements for pre-release
(1) Multisite data, which shall include agronomic information and a detailed botanical description of important morphological characteristics of a variety, shall be made available by the applicant.
(2) The applicant shall deposit an authentic sample of the variety, whose amount shall be as determined by the Institute, with the Institute, which shall form the living description of the variety.
(3) The parent lines of a variety for which certification is compulsory shall be made available to the Institute for the purpose of distinctness, uniformity and stability testing and familiarisation by the Certifying Authority.
(4) In case of hybrids, testing shall include seed production technology.
43. Duration for official variety testing
(1) In order to obtain enough information for release, official variety testing shall be done for a minimum of two growing seasons.
(2) For released varieties, the Variety Release Committee may grant an exemption from the required minimum number of years of testing.
44. Application for variety release
(1) A person intending to apply for a Variety Release shall apply to the Secretary to the Variety Release Committee in Form XXVIII set out in the First Schedule.
(2) The application shall be accompanied by-
(a) an application fee as set out in the Seventh Schedule;
(b) data for cultivation and use; and
(c) distinctness, uniformity and stability test results in duly completed Forms XXVII and XXV set out in the First Schedule.
(1) A variety shall present certain advantages in terms of agricultural or produce value over released varieties.
(2) A variety which has not met any of the above requirements shall not be considered for release unless it has also met the distinctness, uniformity and stability test requirements.
(3) A listed variety on an approved international variety catalogue to which Zambia is part of, shall be deemed released.
46. Rules for denomination of varieties
(1) An applicant is free to propose the denomination of a variety.
(2) Varieties shall carry denominations which are simple, short, easily pronounced and not likely to be misspelt.
(3) Numerals shall not be used as far as possible in the denomination of a variety except where this is an established practice for designating varieties.
(4) A denomination shall not carry a meaning that exaggerates the merits of a variety.
(5) After a variety has been phased out, its denomination shall not be used for another variety until after 10 years.
(1) There are two types of lists of varieties namely Recommended Varieties and a Variety Register.
(2) The Variety Register is a list of all the varieties released in Zambia.
(3) The List of Recommended Varieties is an updated list of varieties under active certification.
(4) The Institute shall maintain the Variety Register and the List of Recommended Varieties.
The fees prescribed in the Seventh Schedule are payable in respect of the matters set out therein.
A person aggrieved by a decision of the Controller of Seeds made under these Regulations may appeal to the Minister.
50. Revocation of S.I. No. 133 of 1984 and S.I. No. 67 of 1988
The Plant Variety (Potato Seeds) Regulations of 1984 and the Plant Variety and Seeds Regulations of 1988 are revoked.
[Regulations 4(1), 4920, 4(3), 9(1), 9(3)(8),12(5), 13(1), 13(2), 14(2), 15(1), 15(2), 16(1), 16(2), 17(1), 17(2), 18(1), 18(2), 21, 23, 24, 25, 26, 27, 31, 34, 41, 44]
Form I
[Regulation 4(1)]
(To be completed in triplicate)
REPUBLIC OF ZAMBIA
The Plant Variety and Seeds Act
(Laws, Volume 14, Cap. 236)
The Plant Variety and Seeds Regulations, 2018
APPLICATION FOR LICENSING OF CERTIFYING AGENCY
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To: The Director |
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INSTITUTION APPLICANTS NAME |
ADDRESS |
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.......................................................... |
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Employer' name and address: |
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........................................................................................................................................... |
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............................................................................................................................................. |
Qualification
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Degrees |
Diplomas |
Certificates |
Etc. |
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Employment record: |
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Employer |
Post |
Period of Service |
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Address: |
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1. Name of Institution: .............................................................................................. |
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2. Postal Address: ................................................................................................... |
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District: ........................................ Province: .................................... |
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3. Physical Location: ................................................................................. |
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4. Telephone Number: ............................................... Fax: ....................... |
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Institutional Mobile Number(s): ......................................................................... |
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E-mail address: .............................................................................................. |
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Signed: ............................................................ Date: ............................................. |
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DECLARATION |
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I, .............................................................................................. (full names) on behalf of the above mentioned institution, do hereby certify that the above information is true, correct and complete. I also hereby understand that should any of the above information be found to be false, this application shall be rendered null and void. |
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Signed ............................................... Date: ............................................. |
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Designation: ......................................... |
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Please return the duly completed form including proof of payment of fees to: |
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The Director |
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FOR OFFICE USE ONLY |
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Comments by Director |
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................................................................................................................................... |
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................................................................................................................................... |
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Approved/Not approved for the period: ............................................................................ |
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Approved/Not approved for (Reasons): ........................................................................... |
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.................................................................................................................................. |
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.................................................................................................................................. |
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Date this .............................................. day of .................................................. 20.... |
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Signed: |
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Licence No.: ............................................... |
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.................................................................... |
<PN:"Highlighter 3">Form II
<PN:"Highlighter 3">[Regulation 4(2)]
<PN:"Highlighter 3">(To be completed in triplicate)
REPUBLIC OF ZAMBIA
The Plant Variety and Seeds Act
(Laws, Volume 14, Cap. 236)
The Plant Variety and Seeds Regulations, 2018
NOTICE OF GRANT OF CERTIFYING AGENCY LICENCE
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To (Name and address of Institution) |
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......................................................................................................................................... |
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......................................................................................................................................... |
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......................................................................................................................................... |
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<PN:"Highlighter 3">A Certifying Agency Licence is hereby granted for the period from .................................... to ...................................... on the conditions overleaf. |
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Dated this ....................... day of .......................... 20.... |
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Signed: |
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............................................... ............................................... |
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Conditions |
Form III
[Regulation 4(3)]
(To be completed in triplicate)
REPUBLIC OF ZAMBIA
The Plant Variety and Seeds Act
(Laws, Volume 14, Cap. 236)
The Plant Variety and Seeds Regulations, 2018
NOTICE OF REJECTION OF APPLICATION FOR CERTIFYING AGENCY LICENCE
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TO ............................................................................................................ |
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IN THE MATTER OF ................................................................................ |
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You are notified that your application for certifying Agency Licence has been rejected on the following on the grounds: |
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............................................................................................................................................. |
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............................................................................................................................................. |
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............................................................................................................................................. |
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............................................................................................................................................. |
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............................................... |
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Date this .................... day of ............................. 20.... |
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Signed: |
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.......................................................... |
Form IV
[Regulation 9]
(To be completed in triplicate)
REPUBLIC OF ZAMBIA
The Plant Variety and Seeds Act
(Laws, Volume 14, Cap. 236)
The Plant Variety and Seeds Regulations, 2018
APPLICATION FOR REGISTRATION AS SEED GROWER
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To: The Director, |
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Applicant' name and address: ..................................................................................... |
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Name and address of farm: ........................................................................................... |
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Species to be grown: ............................................... Cultivar: ....................................... |
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Parent seed: Class: ........................ Certification No.: ............... Quantity (kg): ............... |
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Source of parent seed ............................................... |
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For hybrids: |
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Female parent: Cultivar: .............. Class: ........... Certification No: ............. Quantity (kg) ............. |
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Male parent: Cultivar: .............. Class: ........... Certification No: ............. Quantity (kg) ............. |
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Proposed hectarage: .................................. Proposed planting date: ............................. |
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Previous species and cultivars grown in the field during the last two growing season: |
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Species and cultivar Season (year) |
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Comments: ................................................................................................................ |
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Date: ............................................... Signature: ................................... |
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(A map giving clear instructions on how to reach the farm must be drawn overleaf) |
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FOR OFFICIAL USE ONLY |
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Application received: ................................... |
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Fee paid: ............. for .............. hectares |
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Approved for the period ............................................... to ...................................... |
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Not approved for reasons ....................................................................................... |
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REGISTRATION No. ............................................................................................ |
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Date .................................................... Controller of Seeds .................................. |
Form V
[Regulation 9]
(To be completed in triplicate)
REPUBLIC OF ZAMBIA
The Plant Variety and Seeds Act
(Laws, Volume 14, Cap. 236)
The Plant Variety and Seeds Regulations, 2018
CERTIFICATION OF REGISTRATION AS SEED GROWER
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Registration No: ..................... |
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Name and address of seed grower: ............................................................................................. |
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You are hereby registered as a seed grower to grow: |
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Species: ................................................................................................................................. |
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Cultivar: .................................................................................................................................. |
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Intended seed class: ............................................................................................................... |
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From parent seed stock of: |
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Seed class: ..................... Source ................... Certification No: ................................ |
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For hybrids: |
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Female parent: Cultivar: .............. Class: ............. Certification No: ............................. |
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Male parent: Cultivar: ...................Class: ................Certification No: .......................... |
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This registration is valid for the period .................... to ......................... |
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The conditions overleaf are imposed on this crop. |
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........................................ .................................................................. |
Form VI
[Regulation 12]
(To be completed in triplicate)
REPUBLIC OF ZAMBIA
The Plant Variety and Seeds Act
(Laws, Volume 14, Cap. 236)
The Plant Variety and Seeds Regulations, 2018
FIELD INSPECTION - GENERAL SEEDS
Report No. ..........
Form VII
[Regulation 12]
(To be completed in triplicate)
REPUBLIC OF ZAMBIA
The Plant Variety and Seeds Act
(Laws, Volume 14, Cap. 236)
The Plant Variety and Seeds Regulations, 2018
FIELD INSPECTION - POTATO SEEDS
Report No: ...................
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Name and address of seed grower: ............................................................................................ |
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............................................................................................................................................... |
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Name of farm: .......................................................................................................................... |
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Crop registration No.: ............................ Cultivar: .................. Intended seed class: ................... |
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Parent seed certification No.: .................................................................................................... |
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INSPECTION RESULT |
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DEFECT: |
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Kind |
Number (of kind) |
Percentage |
Index |
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Remarks: ............................................................................................................................ |
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........................................................................................................................................... |
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Date: ........................................ |
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.................................................... .......................................................... |
Form VIII
[Regulation 13(1)]
(To be completed in triplicate)
(to include sampler and analyst)
REPUBLIC OF ZAMBIA
The Plant Variety and Seeds Act
(Laws, Volume 14, Cap. 236)
The Plant Variety and Seeds Regulations, 2018
APPLICATION FOR SEED INSPECTOR'S LICENCE
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To: The Director, |
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Applicant' name and address: ............................................................................................... |
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............................................................................................................................................. |
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Employer's name and address: ............................................................................................... |
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............................................................................................................................................. |
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Qualification (certificates, diplomas, degrees, etc.): ................................................................... |
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............................................................................................................................................. |
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Employment record: |
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Employer |
Post |
Period of service |
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....................................... |
........................................................... |
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FOR OFFICIAL USE ONLY |
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Application received ........................................ Fee paid ....................................................... |
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Approved for the period ........................................ to ............................................................. |
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Not approved for reasons ....................................................................................................... |
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LICENCE No. ....................................................................................................................... |
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...................................... |
...................................................... |
Form IX
[Regulation 13(2)]
(To be completed in triplicate)
The Plant Variety and Seeds Act
(Laws, Volume 14, Cap. 236)
The Plant Variety and Seeds Regulations, 2018
SEED INSPECTOR"™S LICENCE
Licence No: ..............
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A Seed Inspector' Licence is hereby granted to (Name and address) ..................................... |
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........................................................................................................................................... |
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of (Employer's name and address) ........................................................................................ |
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for the period ....................................................... to ........................................................... |
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This Licence is issued subject to the conditions overleaf: |
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...................................................... |
...................................................... |
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CONDITIONS |
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1. Field inspections shall be conducted in accordance with regulation 12 |
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2. The holder of this licence shall make available field inspection reports to Institute as and when directed by the Controller of Seeds. |
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3. The holder of this licence may also sample seed. |
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4. The licence is valid for 12 months. |
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5. The Controller of Seeds may revoke or suspend this licence without notice if he is satisfied that the holder of the licence has conducted himself in a manner inconsistent with these Regulations. |
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6. The holder of a licence shall be required to re-apply to licensing Authority in case of movement from one organisation to another within 21 days. |
Form X
[Regulation 14(2)]
(To be completed in triplicate)
REPUBLIC OF ZAMBIA
The Plant Variety and Seeds Act
(Laws, Volume 14, Cap. 236)
The Plant Variety and Seeds Regulations, 2018
APPLICATION FOR SEED SAMPLER"™S LICENCE
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To: The Director, |
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Applicant's name and address: ............................................................................................... |
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............................................................................................................................................ |
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Employer' name and address: .............................................................................................. |
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............................................................................................................................................ |
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Qualification (certificates, diplomas, degrees, etc.): ................................................................... |
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............................................................................................................................................ |
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Employment record: |
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Employer |
Post |
Period of service |
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