Professional statute overview
Enactment structure, operative effect and source provenance
01
Purpose and legislative effect
“This Act may be cited as the Seeds and Plant Varieties Act.”
This Act may be cited as the Seeds and Plant Varieties Act. This section provides definitions of terms used in the Act (e.g. "authorization", "breeder", "Cabinet Secretary", "seed", "plant variety", "Service", and others). Section 10 lists persons whose acts constitute offences (including persons making applications or representations connected with the national varieties list and applicants under section 9(3)), allows certain defences for an accused, and contains a two‑year limitation for bringing proceedings in respect of offences under sections 7–9. The Service must be the national designated authority for seeds and plant variety protection and must be responsible for administering this Act subject to directions of the Cabinet Secretary. Specifies appointment rules and limits for seed inspectors, analysts and examiners including that the Service must define inspectors' authorised activities, appointed persons must not engage in seed business while appointed, and appointed persons are to be issued identification.
02
How the instrument operates
- 01
Start with the recorded version
As at 31 Dec 2022. The date shown identifies this source expression and should not be treated as proof that no later change exists.
- 02
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- 03
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- 04
Verify currency and official wording
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03
Research entry points
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This Act may be cited as the Seeds and Plant Varieties Act.
Section 1
Provides several defences available to an accused in proceedings for offences against seeds regulations, including that false particulars fall within prescribed variation limits, that reasonable precautions were taken, that information about suppliers is…
Section 5
Importation of seeds to which this section applies is prohibited except under a licence granted by an authorized officer; contravention is an offence punishable by a fine not exceeding ten thousand shillings or imprisonment not exceeding two years or both.
Section 15
Any person who knowingly or recklessly makes a false representation that they are entitled to exercise plant breeder’s rights (or derived rights) shall be guilty of an offence; it is immaterial whether the variety is actually subject to such rights.
Section 25
Section may make different provision for different types or classes of plant varieties, for different seasons of the year, and for other different circumstances.
Section 34
04
Source and current-law status
Source record view
Source record from new.kenyalaw.org · As at 31 Dec 2022
The source record does not state a definitive current-law status. Check the official publisher and later amendments before relying on this text.