Malawi Act or statute

Malawi legislation

Seed Act, 1988

agricultureregistersregulatory administrationseed regulationseeds

Jurisdiction: Malawi
Structure: 4 provisions
Citation: Act 5 of 1988
Official identity: Year 1988
Dates: Enacted 1988 · Source version 31 Dec 2014

More statute details

Official identity: Year 1988
Dates: Enacted 1988 · Source version 31 Dec 2014

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Purpose and legislative effect

“This section gives the Act’s short title: the Seed Act.”

This section gives the Act’s short title: the Seed Act. This section defines key terms used in the Act, including types of seed, seed-related roles, containers, labels, selling, and testing stations. A Controller of Seeds must be responsible for administering this Act, subject to the Minister’s directions. The Controller of Seeds may also delegate powers or functions to a public service officer, again subject to the Minister’s directions. The Controller of Seeds must keep and maintain all registers required under the Act, and each register must include the particulars prescribed for it.

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Enacted 1988 · Source version 31 Dec 2014. The date shown identifies this source expression and should not be treated as proof that no later change exists.
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Short title

This section gives the Act’s short title: the Seed Act.

Section 1

Interpretation

This section defines key terms used in the Act, including types of seed, seed-related roles, containers, labels, selling, and testing stations.

Section 2

Controller of Seeds

A Controller of Seeds must be responsible for administering this Act, subject to the Minister’s directions. The Controller of Seeds may also delegate powers or functions to a public service officer, again subject to the Minister’s directions.

Section 3

Registers

The Controller of Seeds must keep and maintain all registers required under the Act, and each register must include the particulars prescribed for it.

Section 4

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Source record from malawilii.org · Enacted 1988 · Source version 31 Dec 2014

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Showing 4 of 4 provisions

Short titleInterpretationProvisionRepeal

Part I

Preliminary

§ 1Short titleShort title

This section gives the Act’s short title: the Seed Act.

1. Short title This Act may be cited as the Seed Act.

Section 1Verify source

§ 2InterpretationInterpretation

This section defines key terms used in the Act, including types of seed, seed-related roles, containers, labels, selling, and testing stations.

2. Interpretation In this Act, unless the context otherwise requires— " advertisement " includes any statement, picture, design or device— (a) published in any newspaper or other publication in general circulation to the public; or (b) contained in any handbill, circular or other matter which is distributed to members of the public through the post or brought to the notice of the public in any other manner; " certified seed " means any prescribed seed which is certified under the provisions of Part IX; " container " includes a bag, barrel, case, tin, package or any other container in which seed is placed or packed; " contract of sale " includes an agreement to sell ; " Controller of Seeds " means the officer in the public service designated as such under the provisions of section 3 ; " 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 IX; " label " includes any legend, work, mark, symbol or design applied or attached to, or accompanying, any seed or package of seed ; " licensed seed seller " means any seed seller licensed under Part VI; " Malawi certified seed " means any prescribed seed produced in Malawi and certified as such under the provisions of Part IX; " official seed-tester " means any public officer designated as an official seed-tester under Part IV; " owner ", in relation to any seed , includes any person having for the time being the possession, custody or control thereof; " prescribed seed " means any seed declared as such by an order made under section 33 ; " purity " means analytical purity expressed as a percentage by weight; " 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 removing impurities from seed ; " seed cleaning plant " includes any premises used for the removal of impurities from seed ; " seed importer " means any person who, either exclusively or in conjunction with any other trade or business, imports seed into Malawi for resale; " seed inspector " means any person designated as seed inspector under section 21 ; " 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 for the purpose, 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 deliver for or in pursuance of a sale, exchange or barter; " special variety " means any variety of prescribed seed which has been specified by the Minister pursuant to section 44 for the purposes of Part IX; " 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 reconstituted on each occasion by crossing two or more breeding stocks maintained by inbreeding. [9 of 1996]

Section 2Verify source

Part II

Administration

§ 3Controller of SeedsProvision

3. Controller of Seeds (1) There shall be a Controller of Seeds for the purposes of this Act, who shall be an officer in the public service, and who, subject to the general and special directions of the Minister, shall be responsible for the administration of this Act. (2) The Controller of Seeds may, subject to the general or special directions of the Minister, delegate any of his powers or functions under this Act to any officer in the public service.

Section 3Verify source

§ 4RegistersRepeal

The Controller of Seeds must keep and maintain all registers required under the Act, and each register must include the particulars prescribed for it.

4. Registers The Controller of Seeds shall keep and maintain all registers prescribed or required under this Act, each of which shall contain such particulars as are prescribed in respect of such register. [9 of 1996] Part III – Registration of seed importers, seed cleaners and seed sellers 5. *** [Repealed by 9 of 1996] 6. *** [Repealed by 9 of 1996] 7. *** [Repealed by 9 of 1996] 8. *** [Repealed by 9 of 1996] 9. *** [Repealed by 9 of 1996] 10. *** [Repealed by 9 of 1996] 11. *** [Repealed by 9 of 1996] 12. *** [Repealed by 9 of 1996] 13. *** [Repealed by 9 of 1996] 14. *** [Repealed by 9 of 1996]

Section 4Verify source

Legislative relationships

2 referenced instruments

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N–S

2 instruments

Seeds A Controller of Seeds must be responsible for administering this Act
Section 3
Seeds must keep and maintain all registers required under the Act
Section 4

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1 version available in this collection

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31 Dec 2014 · currentEnglish

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