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]