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SEEDS AND PLANT ACT.

ARRANGEMENT OF SECTIONS.

   Section.

PART I
PRELIMINARY.

   1.   Short title.

   2.   Interpretation.

PART II
ADMINISTRATION.

   3.   The Board.

   4.   Functions of the Board.

   5.   Procedures of the Board.

   6.   Technical Committee.

   7.   Functions of the Technical Committee.

   8.   National Seed Certification Service.

   9.   Variety testing, release and registration.

   10.   Multiplication and licensing.

   11.   Seed conditioner and conditioning.

   12.   Seed marketing.

   13.   Seed testing laboratory.

   14.   Affixing labels.

   15.   Reports and certificates.

   16.   Appeals Tribunal.

   17.   Appointment of inspector and seed analyst.

   18.   Maintenance of registers, rolls, index or other official records.

PART III
OFFENCES AND MISCELLANEOUS PROVISIONS.

   19.   Sale of prescribed seed under a different name.

   20.   Sale of seed under a different name.

   21.   Tampering with seed samples.

   22.   Altering official records.

   23.   Altering documents and marks.

   24.   Secrecy.

   25.   Penalties.

   26.   Inspection of Registers.

   27.   Exemption by the Minister.

   28.   Regulations.

   29.   Repeal of Cap 28.

   30.   Amendment of Schedule.

 

      Schedule   Currency Point.

 

SEEDS AND PLANT ACT.

Commencement: 29 June, 2007.

   An Act to provide for the promotion, regulation and control of plant breeding and variety release, multiplication, conditioning, marketing, importing and quality assurance of seeds and other planting materials and for other related matters.

 

PART I
PRELIMINARY.

 

1.   Short title.

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

 

2.   Interpretation.

   In this Act, unless the context otherwise requires—

   "agricultural value" means economic benefit expected from the production of a given crop;

   "basic seed" means seed produced from breeders seed under the control of the plant breeder or his or her agent;

   "Board" means the National Seed Board established under section 3;

   "breeders seed" means seed of a particular variety, produced by the breeder (owner) of the variety or his or her agent, under the plant breeder's supervision, which is the source of the initial and recurrent increase in seed production of a variety;

   "certification service" means the National Seed Certification Service referred to in section 8;

   "certified seed" means a class of seed produced under a certification programme from basic seed and can be of two generations;

   "check variety" means a local or exotic variety currently on the market with known genetic and agronomic characters that is used as a control variety in variety trials;

   "committee" means the National Seed Technical Committee established under section 6;

   "common catalogue", means the list of varieties that have been tested in more than one country and are eligible to be grown in those countries;

   "currency point" has the value assigned to it in the Schedule;

   "Director" means the Director responsible for Crop Resources in the Ministry;

   "imported seed" means seed of a prescribed variety imported by a registered seed merchant;

   "ISTA" means the International Seed Testing Association;

   "licenced seed testing laboratory" means a laboratory that is authorised to carry out official tests on the kinds of seed named in the licence issued by the National Seed Certification Service;

   "listed variety" means any variety that has been released by the National Variety Release Committee;

   "Minister" means the Minister responsible for agriculture;

   "Ministry" means the Ministry responsible for agriculture;

   "National Seed Testing Laboratory" means an official Government seed testing laboratory, which has been accredited to ISTA, and which is designated to carry out official seed tests and to issue official certificates;

   "National Variety List" means a list of varieties released by the National Variety Release Committee which are eligible for multiplication;

   "seed" means propagative material, plants and parts of plants intended for the propagation and multiplication of a variety;

   "seed analyst" means a person qualified and designated to analyse seed samples according to the regulations of ISTA;

   "seed conditioner" means a person engaged in the business of cleaning, treating or otherwise conditioning seeds intended for sale and who is licensed to do so;

   "seed dealer" means a person trading in seed and who is licensed to do so;

   "seed grower" means an individual or body that grows a crop intended to produce seed;

   "seed inspector" means a person licensed to inspect seed crops and seed;

   "seed merchant" means a person or organisation engaged in the business of seed production, conditioning and marketing, and who is licensed to do so;

   "seed sampler" means a person licensed to sample seed lots in accordance with regulations made under this Act;

   "species" means a group of interbreeding natural populations that are re-productively isolated;

   "standard seed" means any seed which is not grown under a certification program but which may enter the market in case of certified seed shortage and which meets the same laboratory seed testing standards as certified seed;

   "varietal name" means the name given to a specific variety by its breeder;

   "variety" means a population of plants which have common ancestors and which have certain characteristics and when reproduced sexually or asexually, retain their distinguishing characteristics;

   "variety release" means

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