Zambia Act or statute

Zambia legislation

Agriculture (Fertilisers and Feed) (Amendment) Act, 2010

agricultural inputsanimal productscompliancecriminal liabilitydefinitionsfertiliserfertiliser testingfertilisers regulationfinesforfeitureimprisonmentlaboratory approvallegislative draftingBusiness registrationmanufacturingoffencesoffences and penaltiespenaltiessalessentencingstatutory amendmentwarranties

Jurisdiction: Zambia
Structure: 20 provisions
Citation: Act 32 of 2010
Dates: As at 16 Aug 2010

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Dates: As at 16 Aug 2010

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Professional statute overview

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Official source

Purpose and legislative effect

“The Act changes the long title to state that it regulates and controls the manufacture, processing, importation, and sale of agricultural fertilisers, and sets minimum standards for their effectiveness and purity.”

The Act changes the long title to state that it regulates and controls the manufacture, processing, importation, and sale of agricultural fertilisers, and sets minimum standards for their effectiveness and purity. The section amends section 2 by deleting some definitions and replacing the definition of “farming requisite.” The Minister may approve laboratories as approved laboratories for testing fertilisers, subject to prescribed standards and other requirements. This amendment changes section 26 so the conduct is described as committing an offence, with a penalty on conviction of a fine, imprisonment, or both. A person must not produce, manufacture, compound, or process any farming requisite in a plant that is not registered under the Act; doing so is an offence.

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The principal Act is amended by the deletion of the long

Section 2

Section twenty-eight of the principal Act is amended by

The provision amends section 28 so the relevant conduct is stated as committing an offence, with conviction penalties of a fine up to 500,000 penalty units, imprisonment up to 5 years, or both.

Section 7

The principal Act is amended by the repeal of section forty

This provision amends the principal Act by repealing section forty.

Section 13

Sectionforty:five of the principal Act is amended by the

This amendment replaces the old offence wording with a rule that the conduct is an offence and may lead, on conviction, to a fine, imprisonment, or both.

Section 17

Sectionfifty-two of the principal Act is amended by

This provision amends section 52 of the principal Act by deleting paragraph (p) and renumbering paragraph (q) as paragraph (p).

Section 21

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Source record from zambialii.org · As at 16 Aug 2010

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Showing 20 of 20 provisions

Substitution 16Repeal 2Amendment 2

§ 2The principal Act is amended by the deletion of the longSubstitution

2. The principal Act is amended by the deletion of the long title and the substitution therefor of the following: Amendment oflong title \. An Act to provide for the regulation and control of the manufacture, processing, importation and sale of agricultural fertilisers: to provide for minimum standards of effectiveness and purity of such fertilisers: and to provide for matters connected with, or incidental to, the foregoing.

Section 2Verify source

§ 3Section two of the principal Act is amendedSubstitution

The section amends section 2 by deleting some definitions and replacing the definition of “farming requisite.”

3. Section two of the principal Act is amended- (a) by the deletion of the definitions" farm feed"" livestock" and" sterilising plant"; Amendment of section 2 (b) by the deletion of the definition "farming requisite" and the substitution therefor of the following new definition;. " farming requisite " means any fertiliser, or any substance used in the manufacture of a fertiliser; and (c) in the definition of" plant" by the deletion after the word " fertiliser " of the words " or farm feed ".

Section 3Verify source

§ 4Section nineteen of the principal Act is amended by the AmendmentSubstitution

The Minister may approve laboratories as approved laboratories for testing fertilisers, subject to prescribed standards and other requirements.

4. Section nineteen of the principal Act is amended by the Amendment deletion of subsection (!) and the substitution therefor of the of section 19 following new subsection: (I) Subject to the standards and other requirements prescribed, the Minister may, for the purposes of this Act, approve any laboratory as an approved laboratory for the testing of fertilisers. Single copies of this Act may be obtained from tire Government Printer, P.O. Bax 30136, 10101 Lusaka. PriceK2,000each 448 No. 32 of 2010] Agricullure (Fertiliser and Feed) (Amendment)

Section 4Verify source

§ 5Section twenty-six of the principal Act is amended by theSubstitution

This amendment changes section 26 so the conduct is described as committing an offence, with a penalty on conviction of a fine, imprisonment, or both.

5. Section twenty-six of the principal Act is amended by the Amendment of section 26 deletion of the words " shall be guilty of an offence " and the substitution therefor of the words " commits an offence and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a period not exceeding two years, or to both. Amendment of section 27

Section 5Verify source

§ 6Section twenty-seven of the principal Act is amendedSubstitution

A person must not produce, manufacture, compound, or process any farming requisite in a plant that is not registered under the Act; doing so is an offence.

6. Section twenty-seven of the principal Act is amended- (a) by the deletion in the marginal note of the words " or sterilising of bone, etc"; (b) by the deletion of subsection (I) and the substitution therefor of the following new subsection: (1) A person who, by any process, in any plant not registered under this Act, purports to produce, manufacture, compound or process any farming requisite commits an offence and is liable, upon conviction, to a fine not exceeding seven hundred thousand penalty units or to imprisonment for a period not exceeding seven years, or to both; Amendment of section 28 Amendment of section 29 Amendment of section 30 (c) in subsection ( 2), by the deletion after the word " requisite" of the words" or bone or other substance derived from animal carcass ".

Section 6Verify source

§ 7Section twenty-eight of the principal Act is amended bySubstitution

The provision amends section 28 so the relevant conduct is stated as committing an offence, with conviction penalties of a fine up to 500,000 penalty units, imprisonment up to 5 years, or both.

7. Section twenty-eight of the principal Act is amended by the deletion of the words" shall be guilty of an offence" and the substitution therefor of the words " commits an offence and is liable, upon conviction, to a fine not exceeding five hundred thousand penalty units or to imprisonment for a period not exceeding five years, or to both."

Section 7Verify source

§ 8Section twenty-nine of the principal Act is amended by theSubstitution

This amendment changes the offence wording and adds a penalty: on conviction, a person may be fined up to 500,000 penalty units, imprisoned for up to 5 years, or both.

8. Section twenty-nine of the principal Act is amended by the deletion of the words " shall be guilty of an offence " and the substitution therefor of the words " commits an offence and is liable, upon conviction, to a fine not exceeding five hundred thousand penalty units or to imprisonment for a period not exceeding five years, or to both."

Section 8Verify source

§ 9Section thirty of the principal Act is amended in subsectionSubstitution

This amendment changes the offence wording and sets the penalty: on conviction, a person may be fined up to 300,000 penalty units, imprisoned for up to 3 years, or both.

9. Section thirty of the principal Act is amended in subsection ( 2) by the deletion of the words" shall be guilty of an offence" and the· substitution therefor of the words " commits an offence and is liable upon conviction, to a fine not exceeding three hundred thousand penalty units or to imprisonment for a period not exceeding three years, or to both." Agriculture (Fertiliser and Feed) (Amendment) [ No. 32 of 2010 449

Section 9Verify source

§ 10Section thirty-one of the principal Act is amendedSubstitution

This section amends section 31 of the principal Act and replaces subsection (4) so that certain seller statements about fertiliser contents count as a warranty by the seller.

10. Section thirty-one of the principal Act is amended- (a) by the deletion in the marginal note of the words " and farm feed "; {b) by the deletion of subsection (2) and (3); and (c) by the deletion of subsection (4) and the substitution therefor of the following new subsection: ( 4) A statement by the seller as to the percentages of the chemical or other substances contained in any article sold for use as a fertiliser, in an invoice of such article, or in any document, circular or advertisement descriptive of such articles, shall have effect as a warranty by the seller.

Section 10Verify source

§ 11The principal Act is amended by the repeal of sectionsRepeal

This section repeals sections 32 to 37 and changes section 39 so that the offence wording is replaced with new offence and penalty wording.

11. The principal Act is amended by the repeal of sections thirty-two, thirty-three, thirty-four, thirty-five, thirty-six and thirty-seven. 12, Section thirty-nine of the principal Act is amended in subsection (1) by the deletion of the words" shall be guilty ofan offence " and the substitution therefor of the words " commits an offence and is liable, upon conviction, to a fine not exceeding seven hundred thousand penalty units or to imprisonment for a period not exceeding seven years, or to both.''

Section 11Verify source

§ 13The principal Act is amended by the repeal of section fortyRepeal

This provision amends the principal Act by repealing section forty.

13. The principal Act is amended by the repeal of section forty.

Section 13Verify source

§ 14Section forty-one of the principal Act is amended inSubstitution

This section amends subsection (5) so the relevant conduct is described as committing an offence, with penalties on conviction.

14. Section forty-one of the principal Act is amended in subsection (5) by the deletion of the words" shall be guilty of an offence " and the substitution therefor of the words " commits an offence and is liable, upon conviction, to a fine not exceeding five hundred thousand penalty units or to imprisonment for a period not exceeding five years, or to both.''

Section 14Verify source

§ 15Section forty-three of the principal Act is amended inSubstitution

This provision changes subsection (1) of section 43 so that the conduct is described as an offence and carries a penalty.

15. Section forty-three of the principal Act is amended in subsection (1) by the deletion of the words" shall be guilty ofan offence " and the substitution therefor of the words " commits an offence and is liable, upon conviction, to a fine not exceeding three hundred thousand penalty units or to imprisonment for a period not exceeding three years, or to both. "

Section 15Verify source

§ 16Section forty-four of the principal Act is amended by theSubstitution

Section 44 is amended so that the relevant conduct now “commits an offence” and, on conviction, carries a fine, imprisonment, or both.

16. Section forty-four of the principal Act is amended by the deletion of the words " shall be guilty of an offence " and the substitution therefor of the words " commits an offence and is liable, upon conviction, to a fine not exceeding seven hundred thousand penalty units orto imprisonment for a period not exceeding seven years, or to both. " Amendment of section 31 Amendment of sections 32 to 37 Amendment of section 3 9 Amendment of section 40 Amendment of section 41 Amendment of section 43 Amendment of section 44 450 No. 32 of 2010] Agriculture (Fertiliser and Feed) (Amendment) Amendment of section 45 Amendment of section 46

Section 16Verify source

§ 17Sectionforty:five of the principal Act is amended by theSubstitution

This amendment replaces the old offence wording with a rule that the conduct is an offence and may lead, on conviction, to a fine, imprisonment, or both.

17. Sectionforty:five of the principal Act is amended by the deletion of the words " shall be guilty of an offence " and the substitution therefor of the words " commits an offence and is liable, upon conviction, to a fine not exceeding three hundred thousand penalty units or to imprisonment for a period not exceeding three years, or to both. "

Section 17Verify source

§ 18Sectionforty-six of the principal Act is amended by theSubstitution

Section 46 is amended so that conduct is described as committing an offence, with conviction leading to a fine, imprisonment, or both.

18. Sectionforty-six of the principal Act is amended by the deletion of the words " shall be guilty of an offence " and the substitution therefor of the words " commits an offence and is liable, upon conviction, to a fine not exceeding three hundred thousand penalty units or to imprisonment for a period not exceeding three years, or to both." Amendment of section 48

Section 18Verify source

§ 19Sectionforty-eightofthe principal Act is amended by theSubstitution

This provision replaces section 48 of the principal Act with a new section titled “General Penalty.”

19. Sectionforty-eightofthe principal Act is amended by the deletion of section 48 and the substitution therefor of the following new section: General Penalty

Section 19Verify source

§ 48Section 48Amendment

A person who breaches the Act, where no specific penalty applies, commits an offence and may be fined up to 200,000 penalty units, jailed for up to 2 years, or both.

48. (I) Any person who contravenes any provision of this Act, where no specific penalty has been provided, com its an offence and is liable to a fine not exceeding two hundred thousand penalty units or to· imprisonment for a period not exceeding two years, or to both. (2) Where a person is convicted of an offence, under this Act, the court may order that any fertiliser or other substance in respect of which the offence has been committed be forfeited to the state. (3) Notwithstanding subsection (!) and ( 2), in the case of a subsequent offence, the court may order, in addition to penalties provided for under those subsections the revocation of that person's licence or the withdrawal of any other right held by the person under this section. Amendment of section 49 Amendment of section 52

Section 48Verify source

§ 20Section forty-nine of the principal Act is amended by theSubstitution

The section changes the penalty rule so that a person commits an offence and may be fined up to 200,000 penalty units, jailed for up to 2 years, or both.

20. Section forty-nine of the principal Act is amended by the deletion of the words " shall be guilty of an offence " and the substitution therefor of the words " commits an offence and is liable, upon conviction, to a fme not exceeding two hundred thousand penalty units or to imprisonment for a period not exceeding two years or to both. "

Section 20Verify source

§ 21Sectionfifty-two of the principal Act is amended byAmendment

This provision amends section 52 of the principal Act by deleting paragraph (p) and renumbering paragraph (q) as paragraph (p).

21. Sectionfifty-two of the principal Act is amended by (a) the deletion of paragraph (p); and (b) the re-numbering of paragraph (q) as paragraph (p).

Section 21Verify source

Legislative relationships

2 referenced instruments

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2 instruments

of section forty This provision amends the principal Act
Section 13
principal Act
Sections 10, 21

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16 Aug 2010 · currentEnglish

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