Zambia
Plant Variety and Seeds Act, 1967
Chapter 236
- Commenced on 1 December 1968
- [This is the version of this document at 31 December 1996.]
Part I – Preliminary
1. Short title
This Act may be cited as the Plant Variety and Seeds Act.[As amended by Act No. 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 three."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 three;"court" means a subordinate court, save where otherwise appears;"duly authorised officer" means any public officer authorised by the Minister under section twenty-four 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 twenty-three;"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 eighteen;"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 thirty-five;"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 thirty-nine 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 glueing;"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 forty-nine 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.[As amended by Act No. 21 of 1995]Part II – Administration - registration of seed importers and seed cleaners
3. Control and Certification Institute
4. Registers
The Certifying Authority shall cause to be kept—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
If the Certifying Authority is satisfied—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
The Certifying Authority shall cause the following rolls to be kept: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 document of Certifying Authority
Any reports, licences, certificates, approvals or other documents issued, granted or furnished, as the case may be, by a Certifying Authority for the purposes of this Act shall be in such form as may be prescribed.[As amended by Act No. 21 of 1995]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
Any person who—Part V – Licensing of seed sellers
28. Non-application of this Part to seed producers or to registered seed importers
This Part shall not apply 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
The Certifying Authority may refuse to issue a seed seller's licence when—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
Nothing contained in this Act shall apply to or operate to prevent the importation by any registered seed importer, by post, of a sample of any prescribed seed, the importation of which has not been prohibited by regulation made under section thirty-nine, where such sample does not exceed one pound in weight and is accompanied by a declaration by the exporter that it is being imported into Zambia solely as a trade sample and is of no commercial value.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
This Part applies to prescribed seed which has been certified by the Minister under this Part as Zambia certified seed or imported certified seed, as the case may be.49. Power of Minister to specify specified varieties for certification
The Minister may from time to time, by statutory notice, specify any particular variety of prescribed seed (hereinafter called a specified variety) which may be cultivated for the purpose of producing seed for certification as Zambia certified seed, or which may, if imported, be certified as imported certified seed under this Part.50. Zambia certified seed
Zambia certified seed means any prescribed seed of a specified variety which is produced in Zambia by a registered seed producer under and in accordance with the provisions of this Part, and certified by the Minister under this Part as Zambia certified seed.51. Imported certified seed
Imported certified seed means any prescribed seed of a specified variety which has been certified as certified seed under the laws of the country of its origin, which has been imported into Zambia, and which has been certified by the Minister under this Part as imported certified seed.52. Registered seed producers
53. Register of seed producers
For the purposes of this Part, the Certifying Authority shall cause to be kept a register of seed producers which shall contain—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 Minster to approve prescribed seed for production of Zambia certified seed
The Minister may approve specific prescribed seed of a specified variety, which is not certified seed, which may be used by a registered seed producer in the production of Zambia certified seed of that specified variety.59. Power of Minster to certify seed as Zambia certified seed
60. Zambia certified seed to be produced from approved seed
No registered seed producer shall use for the production of Zambia certified seed any certified seed which has not been approved for such purpose by the Certifying Authority, nor any other prescribed seed which has not been approved by the Minister under section fifty-eight.[As amended by Act No. 21 of 1995]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
Any person who—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
Where, because of non-compliance with any of the provisions of section fifty-nine, the Minister refuses to certify as quality declared seed any seed of a specified variety which was produced by a registered seed producer for the purposes of such certification, and it is shown that, upon the test prescribed, the said seed conforms to the standards of germination and purity prescribed for such variety, the registered seed producer shall not, by reason of such non-certification, be precluded from selling the said seed as quality declared seed, subject to the provisions of this Act applicable to such sale.[As amended by Act No. 21 of 1995]Part IX – Offences and miscellaneous
67. Failure to comply with Act or regulations an offence
Any person who contravenes or fails to comply with any of the provisions of this Act, or with any regulation, requirement or condition lawfully prescribed thereunder, shall be guilty of an offence.68. Prohibition against sale of prescribed seed without seed seller's licence
Any person, who, without a seed seller's licence, sells, by wholesale or retail, for sowing, any prescribed seed shall be guilty of an offence.[As amended by Act No. 21 of 1995]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
Any person who—73. Prohibition against altering, defacing or removing official records, etc.
Any person who, without lawful authority, alters, defaces or removes—74. Prohibition against altering, etc., documents and marks
Any person who, without lawful authority, alters or defaces—75. Secrecy
If any person—76. Inspection of registers and rolls
All registers and rolls maintained by the Certifying Authority under this Act shall, at all reasonable times, be open to the inspection of any person applying to the Certifying Authority on payment of the fee prescribed.[As amended by Act No. 21 of 1995]77. When Act applies to contract of sale of prescribed seed as future goods, or upon a contingency
Until such time as specific prescribed seed is ascertained and appropriated to such contract, this Act shall not apply to any contract for the sale of prescribed seed as future goods, nor to any contract for the sale of prescribed seed the acquisition of which by the seller depends upon a contingency which may or may not happen.78. When Act not applicable to sale of prescribed seed
The provisions of this Act shall not apply—79. ***
[Repealed by Act No. 21 of 1995]Part X – Proceedings and penalty
80. Venue of proceedings for offences
For the purposes of any proceedings for an offence under this Act, the offence may be treated as having been committed either at the place where it was actually committed or at the place where the person charged with the offence is, for the time being, resident, and every subordinate court shall have power to hear and determine proceedings for any such offence accordingly.81. Reports on tests prima facie evidence of facts reported
In any proceedings brought under this Act, the production of any report issued by a Certifying Authority, on any test made as prescribed, shall be sufficient evidence of the facts therein stated, unless the defendant or person charged requires, as regards the said report, the official seed-tester or the person who made the test to be called as a witness:Provided that this section shall not apply, as regards a report issued by a Certifying Authority, where the sample tested has been taken otherwise than in the manner prescribed.[As amended by Act No. 21 of 1995]82. Presumption of correctness of statement for purposes of civil proceedings on contract of sale
83. Penalty
Save where otherwise expressly provided by this Act, any person who is convicted by the court of an offence under this Act shall, in the case of a first such offence, be liable to a fine not exceeding twenty penalty units or to imprisonment for a term not exceeding three months, or to both; and in the case of a second or any subsequent offence, to a fine not exceeding fifty penalty units or to imprisonment for a term not exceeding six months, or to both.[As amended by Act No. 13 of 1994 and 21 of 1995)]Part XI – Regulations and rules
84. Regulations
The Minister may, by statutory instrument, make regulations for the better carrying out of this Act and, without prejudice to the generality of the foregoing, such regulations may make provision for—85. Rules of court
The Chief Justice may, by statutory instrument, make rules providing for—History of this document
31 December 1996 this version
Consolidation
01 December 1968
Commenced
Subsidiary legislation
Title | Numbered title |
---|---|
Plant Variety and Seeds (Amendment) Regulations, 2021 | Statutory Instrument 109 of 2021 |