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Industrial Hemp Act, 2021

This section gives the Act its short title and says it starts on a date appointed by the Minister by statutory instrument. This section defines key terms used in the Act, including “licensed activity,” “licensee,” and…

administrative application processadministrative reviewannual returnscannabis prohibitioncomplianceeconomic empowermenthemp regulationimport/export complianceindustrial hempindustrial hemp area designationindustrial hemp regulationindustrial hemp seedindustrial hemp testinglaboratory compliancelicence applicationlicence renewallicence revocationlicence suspensionlicence transferlicence validitylicense compliancelicensed cultivationBusiness registrationlitigationobstruction of officersoffencespenaltiesprior authorisationprohibited activitiespublic administrationregisters and recordkeepingregulated activitiesregulation-makingregulatory approvalregulatory approvalsregulatory notificationsseed multiplicationseed productionstatus reporting
Jurisdiction
Zambia
Structure
26 provisions
Citation
Act 34 of 2021
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01

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“This section gives the Act its short title and says it starts on a date appointed by the Minister by statutory instrument.”

This section gives the Act its short title and says it starts on a date appointed by the Minister by statutory instrument. This section defines key terms used in the Act, including “licensed activity,” “licensee,” and “industrial hemp.” The Lead Agency is responsible for issuing licences for industrial hemp activities. A person must not grow, process, distribute, buy, export, or research industrial hemp without a licence under this Act. People who want to work with industrial hemp must apply to the Lead Agency in the required form and pay the prescribed fee. The Lead Agency must decide the application within 60 days, may ask for more information, and if it رفضs the application must notify the applicant within 14 days with reasons.

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This section gives the Act its short title and says it starts on a date appointed by the Minister by statutory instrument.

Section 1

Obstruction of authorised Officer

A person must not obstruct, threaten, assault, delay, mislead, or impersonate an authorised officer, and must give reasonable assistance when required for the officer’s powers.

Section 20

Regulations

The Minister may make regulations by statutory instrument for carrying out this Act.

Section 26

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Showing 26 of 26 provisions

Provision 17Offence 7Short title 2

Part

PART I

§ 12Short title

This section gives the Act its short title and says it starts on a date appointed by the Minister by statutory instrument.

1. This Act may be cited as the Industrial Hemp Act, 2021, and shall come into operation on the date that the Minister may appoint by statutory instrument.
Section 1Verify source
§ 2Short title and commencementShort title

This section defines key terms used in the Act, including “licensed activity,” “licensee,” and “industrial hemp.”

2. In this Act unless the context otherwise requires— “authorised officer” has the meaning assigned to the words in the Cannabis Act, 2021; “Committee” has the meaning assigned to the word in the Cannabis Act, 2021; “Lead Agency” has the meaning assigned to the word in the Cannabis Act, 2021; “legally disqualified”means the absence of legal capacity as provided in section 4 of the Mental Health Act, 2019; Short title and commence- ment Interpretations Act No. 33 of 2021 Act No. 33 of 2021 Act No. 6 of 2019 290 No. 34 of 2021] Industrial Hemp Act No. 6 of 2019 “licensed activity” means an activity authorised under a licence issued by the Agency; Licensing by Lead Agency Prohibition from growing, processing, distributing, buying, exporting of and researching on industrial hemp without licence Act No. 35 of 2021 Application for licence “licensee” means a person issued with a licence to grow, process, distribute, buy, export or conduct research on industrial hemp under section 5; and “industrial hemp” means a plant of cannabis and any part or derivative of that plant, including viable seed, whether growing or not with a delta-9 -tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis. PART II LICENSING OF GROWERS, PROCESSORS, DISTRIBUTORS, BUYERS, EXPORTERS AND RESEARCHERS OF INDUSTRIAL HEMP
Section 2Verify source

Part

PART II

§ 3Licensing by Lead AgencyProvision

The Lead Agency is responsible for issuing licences for industrial hemp activities.

3. The Lead Agency shall be responsible for the issuance of licences for the growing, processing, distribution, buying, export and conducting of research on industrial hemp under this Act.
Section 3Verify source
§ 4Prohibition from growing, processing, distributing, buying, exporting ofOffence

A person must not grow, process, distribute, buy, export, or research industrial hemp without a licence under this Act.

4. (1) A person shall not grow, process, distribute, buy, export or conduct research on industrial hemp without a licence issued under this Act. (2) A person who contravenes subsection (1), commits an offence and is liable, on conviction, to a penalty specified in the Narcotic Drugs and Psychotropic Substances Act.
Section 4Verify source
§ 5Application for licenceProvision

People who want to work with industrial hemp must apply to the Lead Agency in the required form and pay the prescribed fee. The Lead Agency must decide the application within 60 days, may ask for more information, and if it رفضs the application must notify the applicant within 14 days with reasons.

5. (1) A person who intends to grow, process, distribute, buy, export or conduct research on industrial hemp shall apply to the Lead Agency in a prescribed manner and form on payment of a prescribed fee. (2) The Lead Agency shall, on the recommendation of the Committee, within sixty days, of receipt of the application under subsection (1), approve or reject the application. (3) Where the Lead Agency rejects an application, the Lead Agency shall, within fourteen days of the decision, inform the applicant of the decision stating the reasons for the rejection. (4) The Lead Agency may request further particulars or information in respect of an application. Industrial Hemp [No. 34 of 2021 291 (1) The Lead Agency may, issue a licence under this Act
Section 5Verify source
§ 6Issuance of licenceProvision

A licence may be issued if the application complies with the Act and the applicant is financially and technically capable of meeting the licence obligations and conditions.

6. if the— Issuance of licence Validity of licence Renewal of licence Suspension or revocation of licence (a) application is in accordance with the provisions of this Act; and (b) applicant is financially and technically capable of meeting the applicant’s obligations and the terms and conditions of the licence. (2) A licence issued under subsection (1) shall contain the terms and conditions of the licence as prescribed.
Section 6Verify source
§ 7Validity of licenceProvision

A licence issued under section 6 is valid for five years.

7. A licence issued under section 6 is valid for a period of five years.
Section 7Verify source
§ 8Renewal of licenceProvision

A licensee seeking renewal must apply to the Lead Agency within 60 days before the licence expires and pay the prescribed fee.

8. (1) A licensee who intends to renew a licence issued under this Act shall apply to the Lead Agency, within sixty days before the expiration of the licence, in a prescribed manner and form on payment of a prescribed fee. (2) The Lead Agency shall, on the recommendation of the Committee, within sixty days of receipt of the application under subsection (1), approve or reject the application. (3) Where the Lead Agency rejects an application to renew a licence, the Lead Agency shall inform the licensee in writing of the decision stating the reasons for the rejection.
Section 8Verify source
§ 9Suspension or revocation of licenceOffence

The Lead Agency may suspend or revoke a licence for listed reasons, but must give notice, reasons, and a chance to respond first.

9. (1) The Lead Agency may, in consultation with the Committee, suspend or revoke the licence where the licensee— (a) breaches a condition of the licence; (b) obtained the licence by fraud, misrepresentation or concealment of a material fact; (c) is legally disqualified to undertake the licenced activity; or (d) is convicted of an offence under this Act or any other written law and sentenced to a term of imprisonment exceeding six months without an option of a fine. (2) The Lead Agency shall before suspending or revoking a licence under subsection (1), notify the licensee of the Lead Agency’s intention to suspend or revoke the licence and shall— (a) state the reasons for the intended suspension or revocation; and (b) require the licensee to show cause, within a period of not more than fourteen days, why the licence should not be suspended or revoked. 292 No. 34 of 2021] Industrial Hemp (3) The Lead Agency shall not suspend or revoke a licence under this section if the licensee takes remedial measures to the satisfaction of the Lead Agency within the period specified under subsection (2). (4) The Lead Agency shall, in making the final determination on the suspension or revocation of a licence, consider the submissions made by the licensee under subsection (2). (5) The Lead Agency may suspend or revoke a licence if the licensee after being notified under subsection (2), fails to show cause or does not take any remedial measures, to the satisfaction of the Lead Agency, within the time specified in that subsection. (6) Where a licence is suspended or revoked under this Act, the Lead Agency shall inform the licensee, in writing, of the revocation of the licence and the licensee shall surrender that licence, subject to the conditions that the Lead Agency may impose with respect to the winding up of the licensed activity.
Section 9Verify source
§ 10Transfer of licenceProvision

A licence under this Act cannot be transferred to a third party unless the Lead Agency gives prior authorisation, based on the Committee’s recommendation.

10. A licence issued under this Act shall not be transferred to a third party without prior authorisation of the Lead Agency, on the recommendation of the Committee.
Section 10Verify source
§ 11Variation of licenceProvision

A licensee may apply to the Lead Agency to vary licence terms and conditions during the licence period, after paying a prescribed fee and using the prescribed form and manner.

11. (1) A licensee shall, at any time during the validity of the licence, apply to the Lead Agency in a prescribed manner and form on payment of a prescribed fee, for the variation of the terms and conditions of the licence. (2) The Lead Agency shall, on the recommendation of the Committee, within thirty days of receipt of an application under subsection (1)— (a) vary the terms and conditions of the licence or reject the application; and (b) notify the licensee of the variation or rejection thereof.
Section 11Verify source
§ 12Notice of change of particularsProvision

A licensee must tell the Lead Agency about changes to a licensed activity within 30 days and in the required form, and the Lead Agency must update the licence/register and inform the licensee within 30 days of receiving the notice.

12. (1) A licensee shall, where there are changes relating to a licensed activity, notify the Lead Agency within thirty days of the change of the particulars relating to the licensed activity in the prescribed manner and form on payment of a prescribed fee. (2) The Lead Agency shall, within thirty days of receipt of the notice under subsection (1)— (a) endorse the change of the particulars relating to the licensed activity on the licence and in the register; and (b) notify the licensee of the change thereof.
Section 12Verify source
§ 13Designation of growing, processing, distributing and buying areaProvision

The Committee must designate industrial hemp growing, processing, distribution, and buying areas after consulting an appropriate authority and considering specified risks and factors.

13. The Committee shall, in consultation with an appropriate authority, designate areas for growing, processing, distribution and buying of industrial hemp, taking into account— Transfer of licence Variation of licence Notice of change of particulars Designation of growing, processing, distributing and buying area Industrial Hemp [No. 34 of 2021 293 (a) risk of diversion; (b) risk of contamination, subject to the Environmental Management Act, 2011; (c) economic decentralisation; and (d) any other factor that the Minister may consider reasonably necessary.
Section 13Verify source
§ 14Prohibition of cultivation of cannabis on land designated for industrialOffence

People who own or occupy industrial-hemp premises must not grow or allow cannabis there.

14. (1) An owner or occupier of premises licensed to grow industrial hemp shall not cultivate or permit the cultivation of cannabis on those premises. (2) A person who contravenes subsection (1) is liable, on conviction, to a fine not exceeding five hundred thousand penalty units or to imprisonment for a term not exceeding five years, or to both. (3) The Lead Agency shall, where a person contravenes subsection (1), in addition to the penalty under subsection (2)— (a) seize the cannabis plant and cause that person’s land to be cleared in the presence of an inspector; or (b) supervise the cultivation of the crop until maturity before seizure of the plant. (4) For the purposes of this section “cannabis” has the meaning assigned to the word in the Cannabis Act, 2021.
Section 14Verify source
§ 1516Provision

A person intending to import and export industrial hemp seed must comply with this Act, the Plant Variety and Seeds Act, and the Plant Pests and Diseases Act.

15. A person who intends to import and export industrial hemp seed shall do so in accordance with this Act, the Plant Variety and Seeds Act and the Plant Pests and Diseases Act.
Section 15Verify source
§ 1617Provision

The Minister may prescribe, by statutory instrument, which seed variety or cultivar of industrial hemp may be grown in the Republic.

16. The Minister may, by statutory instrument, prescribe the seed variety or cultivar of industrial hemp to be grown in the Republic.
Section 16Verify source
§ 1718. Quality control of industrial hempProvision

Industrial hemp seed production and multiplication must follow the Plant Variety and Seed Act.

17. The production and multiplication of industrial hemp seed shall be carried out in accordance with the Plant Variety and Seed Act. Act No. 12 of 2011 Prohibition of cultivation of cannabis on land designated for industrial hemp Act No. 33 of 2021 Import and export of industrial hemp seed Cap. 236 Cap. 233 Industrial hemp seed variety Industrial hemp seed production and multiplication Cap. 236
Section 17Verify source
§ 18Quality control of industrial hempProvision

An independent laboratory must test industrial hemp for verification before it is distributed, exported, or sold, and the laboratory must be a recognised laboratory as prescribed.

18. (1) An independent laboratory shall, for purposes of verification, test industrial hemp before it is distributed, exported or sold. Quality control of industrial hemp (2) An independent laboratory under subsection (1) shall be a recognised laboratory, as prescribed. 294 No. 34 of 2021] Industrial Hemp PART III INSPECTIONS Power of authorised officer
Section 18Verify source

Part

PART III

§ 19Power of authorised OfficerProvision

An authorised officer may inspect and search premises, seize and sample items, and use computers for enforcement purposes with a warrant at a reasonable time.

19. (1) An authorised officer may for the purposes of enforcing the provisions of this Act, and with a warrant, at any reasonable time— (a) enter and inspect any premises where an activity in relation to industrial hemp is undertaken; (b) search any premises where any activity in relation to industrial hemp is being undertaken; (c) require information to be given about any document, record, book, article, industrial hemp in any premises by— (i) the owner of the premises; (ii) the person in control of the premises; (iii) any person who has control of the document, record, book, article, industrial hemp; or (iv) any other person who may have the information; (d) seize any document, book, record, article, computer or other electronic storage device or industrial hemp that has a bearing on an inspection or investigation or is used for purposes contrary to the provisions of this Act; (e) take samples of industrial hemp as may be necessary for the purposes of testing, examination or analysis; (f)take extracts from, or make copies of, any book, record or document found on the premises that has a bearing on an inspection or investigation; (g) use any computer system or any other electronic device on the premises, or require the assistance of any person on the premises to use that computer system or electronic device to— (i) search any data contained in, or available to the computer system or electronic device; (ii) reproduce any record from the data; (iii) seize any output from the computer or electronic device for examination and copying; and (iv) attach and, if necessary, remove from the premises for examination and safeguarding any document, record, book or article that has a bearing on an inspection or investigation. Industrial Hemp [No. 34 of 2021 295 (2) An authorised officer who removes any document, book, record or article from any premises under this section shall— (a) issue a receipt for the document, book, record or article to the owner of, or person in control of, the premises; and (b) return the document, book, record or article as soon as practicable after achieving the purpose for which it was removed. (3) An authorised officer shall furnish a written report and any other information relating to an inspection to the Lead Agency, Committee and any appropriate authority, as the Lead Agency, Committee or the appropriate authority may require.
Section 19Verify source
§ 20Obstruction of authorised OfficerOffence

A person must not obstruct, threaten, assault, delay, mislead, or impersonate an authorised officer, and must give reasonable assistance when required for the officer’s powers.

20. (1) A person shall not— (a) delay, assault, threaten or obstruct an authorised officer in the performance of the authorised officer’s functions; (b) refuse to give an authorised officer reasonable assistance that the authorised officer may require for the purpose of exercising the authorised officer’s powers; (c) give an authorised officer false or misleading information in answer to an inquiry made by the authorised officer; or (d) impersonate an authorised officer or present oneself to be an authorised officer. (2) A person who contravenes subsection (1), commits an offence and is liable, on conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both. Obstruction of authorised officer PART IV GENERAL PROVISIONS
Section 20Verify source

Part

PART IV

§ 21AppealsProvision

A person who is aggrieved by a decision may appeal first to the Minister, and if aggrieved by the Minister’s decision, may appeal to the High Court.

21. (1) A person aggrieved with the decision of the Lead Appeals Agency may appeal to the Minister. (2) A person aggrieved by a decision of the Minister may appeal to the High Court.
Section 21Verify source
§ 22RegisterProvision

The Lead Agency must keep and maintain a register of licensed industrial hemp growers, processors, distributors, buyers, exporters, and researchers, in the prescribed form. The Minister may prescribe what details the register must contain by statutory instrument.

22. (1) The Lead Agency shall cause to be kept and maintained a register of growers, processors, distributors, buyers, exporters of and researchers on industrial hemp licensed under this Act in a prescribed manner and form. (2) The register under subsection (1), shall contain particulars that the Minister may, by statutory instrument, prescribe. Register 296 No. 34 of 2021] Industrial Hemp Submission of annual returns and status report
Section 22Verify source
§ 23Submission of annual returns and status reportOffence

A licensee must file annual or no-change returns with the Lead Agency, pay any prescribed fee, and meet the 31 March filing deadline.

23. (1) A licensee shall submit to the Lead Agency in an annual return or nochange return in a prescribed manner and form on payment of a prescribed fee. (2) The Lead Agency may request a status report on a licensed activity in the prescribed manner and form. (3) The annual return shall cover the period from 1st January to 31st December of the preceding financial year and the licensee shall submit the annual return or no -change return by 31st March of the following financial year. (4) A licensee shall, where the status of the licensed activity has not changed, specify in a prescribed manner and form the financial year in which the return is filed and include a general statement of a no change in any given particulars in the return from the filing of the previous return. (5) A person who fails to submit the annual report and status report within the prescribed period commits an offence.
Section 23Verify source
§ 24General penaltyOffence

If an offence under the Act has no specific penalty, a convicted person may be fined up to 300,000 penalty units, imprisoned for up to 3 years, or both.

24. A person who commits an offence under this Act for which a specific penalty is not provided is, on conviction, liable to a fine not exceeding three hundred thousand penalty units or to imprisonment for a term not exceeding three years, or to both.
Section 24Verify source
§ 25Preferential schemesProvision

The Minister must consult the Citizens Economic Empowerment Commission and recommend preferential schemes for this Act.

25. The Minister shall, in consultation with the Citizens Economic Empowerment Commission, recommend preferential schemes for the purposes of this Act under the Citizens Economic Empowerment Act, 2006.
Section 25Verify source
§ 26RegulationsOffence

The Minister may make regulations by statutory instrument for carrying out this Act.

26. (1) The Minister may, by statutory instrument, make Regulations for the better carrying out of the provisions of this Act. (2) Despite the generality of subsection (1), Regulations made under subsection (1) shall— (a) prescribe the manner and form of growing, processing, distributing, buying of industrial hemp and researching on industrial hemp and the fees payable; (b) provide for the details to be entered in the register; and (c) prescribe anything required to be prescribed under this Act. General penalty Preferential schemes Act No. 9 of 2006 Regulations
Section 26Verify source

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  • Mental Health Act, 2019

    Section 2

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