Zambia Act or statute

Zambia legislation

Cotton Act, 2025

agricultural standardsagricultural tradeallowancesannual reportappealsapplication processappointment and nominationappointmentsapproval processassets transferauditaudit feesauditingboard compositionboard functionsboard governanceboard tenureboards and committeesbooks of accountbudget approvalcertificate of registrationcertificatescommercial trade restrictionscommittee delegationcommittee governancecompliancecompliance and remediationcontrolsCompany lawcorporate offencecorporate sealcorporate successioncottoncotton developmentcotton licensingcotton pricingcotton processingcotton productioncotton production zonescotton sectorcotton sector regulationdefinitionsdisclosure of interestdisclosure restrictionsdispute resolutiondocument authenticationeligibilityEmployment lawemployment continuityenforcementextension servicesfeefertiliserfinancial recordsfinancial reportingfinancial yearforfeiturefund governancefund managementfunds managementgovernancegrants and donationsguidance and complianceinformation handlinginspection feesinspection obstructioninspectionsinternal procedureinvestmentinvestmentslabelinglaw enforcement powerslegal capacitylicence issuancelicence renewallicence suspension and cancellationlicence transferlicence validityBusiness registrationmarket oversightmarkingmeeting procedureminutesnoticeownership claimspackagingpenaltiespending applicationspesticide controlpesticide distributionpolicy approvalproduct markingproperty detentionpublicationquorumre-registration after cancellationrecord changesrecord productionrecordkeepingrecords managementregistersregistrationregistryregulatory approvalregulatory complianceregulatory designationregulatory scoperegulatory transitionremunerationreportingrestorationrights and liabilitiessearch and seizureseedseed cottonseed cotton commercial registrationseed cotton gradingseed cotton licensingseed cotton productionseed productionseized propertyservice continuitystaff expensesstatutory bodysuspension and cancellationtitle registrationtraining requirementtransitional validityvacancyvotingwarrants

Jurisdiction: Zambia
Structure: 70 provisions
Citation: Act 14 of 2025
Dates: Source version 30 Dec 2025

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Dates: Source version 30 Dec 2025

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Purpose and legislative effect

“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 terms used in the Act, including the Cotton Board, cotton-related products, key offices, and related institutions. The Cotton Board of Zambia continues under this Act as a body corporate with perpetual succession and a common seal, and it can sue and be sued in its own name. The Cotton Board of Zambia is responsible for regulating, monitoring, and supporting cotton production and marketing, setting standards, determining levies and indicative prices, and advising the Government. This section sets up the Cotton Board of Zambia, says the Minister appoints its part-time members, requires specified bodies to nominate representatives, lets board members elect a Vice-Chairperson, and bars certain disqualified people from being nominated or appointed.

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Short title and commencement

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

Section 1

Application and types of licences

This section says the Cotton Board of Zambia must issue a cotton ginner’s licence and a cotton producer’s licence, and it applies to persons registered under Part IV.

Section 18

Prohibition of transfer of certificate of registration,

Certificates of registration, distinguishing mark certificates, and licences issued under this Act must not be transferred to a third party.

Section 36

Short title and commencement

The Board may determine the seal for the Cotton Board of Zambia, and the Director-General must keep it.

Section 1

Functions of Board

The Cotton Board of Zambia may continue pending proceedings or applications of the former Board, and may also begin proceedings about rights, liabilities, or obligations linked to the former Board after commencement.

Section 6

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Showing 70 of 70 provisions

Provision 34Offence 22Repeal 5Commencement 5

Part

PART I

§ 1Short title and commencementShort 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 Cotton Act, 2025, and shall come into operation on the date that the Minister may appoint by statutory instrument. Short title and commen- cement

Section 1Verify source

§ 2InterpretationRepeal

This section defines terms used in the Act, including the Cotton Board, cotton-related products, key offices, and related institutions.

2. In this Act, unless the context otherwise requires— Interpretation “ad hoc Appeals Committee” means the ad hoc Appeals Committee constituted under section 44; “associate” has the meaning assigned to the word in the Anti-Corruption Act. Cap. 91 “Board” means the Board of the Cotton Board of Zambia constituted under section 5; 190 No. 14 of 2025] Cotton “certificate of registration” means a certificate of registration issued under section 11; “Chairperson” means a person appointed as Chairperson of the Board under section 5; “citizen” has the meaning assigned to the word in the Cap. 1 Constitution; Cap. 185 Cap. 1 Cap. 1 “Cotton Board of Zambia” means the Cotton Board of Zambia continued in existence under section 3; “cotton” means the plant grown for seed cotton; “Cotton Development Trust” means the Cotton Development Trust established under a trust deed registered with the Registrar of Lands and Deeds under the Lands and Deeds Registry Act for the purpose of promoting cotton research and developing varieties of cotton; “cotton market” means a place where the buying and selling of seed cotton occurs; “cotton sector” means the producers and ginners of seed cotton, but does not include weavers or spinners of cotton or producers of textile products; “cotton seed” means the propagative part of cotton grown principally for seed cotton; “distinguishing mark” means a sign, inscription, letter or number which distinguishes seed cotton ginned or produced by a ginner or producer from seed cotton ginned or produced by another ginner or producer; “distinguishing mark certificate” means a distinguishing mark certificate issued under section 14; “emoluments” has the meaning assigned to the word in the Constitution; “Emoluments Commission” means the Emoluments Commission established by the Constitution; “Director-General” means a person appointed as Director- General under section 7; “ extension services” means a training in the production of cotton provided to a person by the Cotton Development Trust; Cotton [No. 14 of 2025 191 “Fund” means the Cotton Development Trust Fund continued in existence under section 24; “gin” means the process of separating lint from seed cotton and “ginning” and “ginned “ shall be construed accordingly; “ginner” means a person who is registered to gin seed cotton under section 11; “indicative price” means the minimum price of cotton determined by the Cotton Board of Zambia; “inspector” means a person appointed as an inspector under section 28; “law enforcement officer” means— (a) a police officer; (b) officer of the Zambia Revenue Authority; (c) an immigration officer; (d) officer of the Defence Force; (e) an officer of the Drug Enforcement Commission; (f) an officer of the Anti-Corruption Commission; or (g) any other person that the Minister may, by statutory instrument appoint; “legally disqualified” means the absence of legal capacity as provided in section 4 of the Mental Health Act; Cap. 305 “levy” means a charge on lint and seed cotton determined by the Cotton Board of Zambia; “licence” means a licence issued under section 20; “lint” means the fibre component of seed cotton that is processed; “packaging” means the prescribed manner in which lint and seed cotton is packed, labelled and sealed; “pre-finance” means a loan advance provided to a producer in the form of a farming input and “pre-financed” and “pre- financing” shall be construed according; 192 No. 14 of 2025] Cotton “Price Consultative Forum” means the Price Consultative Forum constituted under section 8; “producer” means a person, organisation or company engaged in growing, promoting and marketing of cotton seed and is registered under section 11; “register” means a register kept and maintained under section 42; “relative” has the meaning assigned to the word in the Anti Corruption Act. “repealed Act” means the Cotton Act; “Secretary” means the Secretary appointed under section 7; “Seed Control and Certification Institute” means the Seed Control and Certification Institute established under the Plant Variety and Seeds Act; “seed cotton” means cotton that is not ginned; “seed production zone” means an area designated by the Cotton Board of Zambia, in consultation with the Seed Control and Certification Institute, for the purpose of cotton seed multiplication; “Vice Chairperson” means a person appointed as Vice Chairperson of the Board under section 5; “Zambia Agriculture Research Institute” means the Department in the ministry responsible for agriculture mandated to conduct agricultural research; “Zambia Environmental Management Agency” means the Zambia Environmental Management Agency established under the Environmental Management Act and “Zambia Qualifications Authority” means the Zambia Qualifications Authority continued under the Zambia Qualifications Authority Act, 2024. Cap. 91 Cap. 227 Cap. 236 Cap. 204 Act No. 8 of 2024 Cotton [No. 14 of 2025 193 PART II COTTON BOARD OF ZAMBIA Continuation of Cotton Board of Zambia Functions of Cotton Board of Zambia

Section 2Verify source

§ 1Short title and commencementShort title

The Board may determine the seal for the Cotton Board of Zambia, and the Director-General must keep it.

1. (1) The seal of the Cotton Board of Zambia shall be a device that may be determined by the Board and shall be kept by the Director-General. Seal of Cotton Board of Zambia (2) The affixing of the seal shall be authenticated by the Chairperson or the Vice-Chairperson and the Director-General or any other person authorised in that behalf by a resolution of the Board. (3) A contract or instrument which, if entered into or executed by a person not being a body corporate, is not required to be under seal, may be entered into or executed without seal on behalf of the Cotton Board of Zambia by the Director-General or any other person authorised in that behalf by a resolution of the Board. (4) A document purporting to be a document under the seal of the Cotton Board of Zambia or issued on behalf of the Cotton Board of Zambia shall be received in evidence and shall be considered to be so executed or issued, without further proof, unless the contrary is proved.

Section 1Verify source

§ 2InterpretationInterpretation

Board and Forum members serve fixed terms, with limited re-appointment rules, and vacancies must be filled by the Minister.

2. (1) A member of the Board shall, subject to other provisions of this Act, hold office for a term of three years from the date of appointment and may be re-appointed for a further and final term of three years. Tenure of office and vacancy (2) A member of the Price Consultative Forum shall, subject to other provisions of this Act, hold office for a term of five years from the date of appointment and shall not be re-appointed for a further term. (3) A member of the Board and Price Consultative Forum shall, on the expiration of the term for which the member is appointed, continue to hold office until another member is appointed, but in no case shall an extension of the period exceed three months. (4) The office of a member of the Board or Price Consultative Forum becomes vacant if the member— 216 No. 14 of 2025] Cotton (a) dies; (b) is adjudged bankrupt under any written law; (c) is absent, without reasonable excuse, from three consecutive meetings of the Board or Price Consultative Forum of which the member has had notice, without the prior approval of the Board or Price Consultative Forum; (d) resigns, by giving one month’s notice in writing, to the Minister; (e) is legally disqualified from performing the functions of a member of the Board or Price Consultative Forum; (f) ceases to be an employee or a member of the ministry, institution or organisation that nominated the member of the Board or Price Consultative Forum; or (g) is convicted of an offence under this Act or any other written law and sentenced to imprisonment for a term exceeding six months without the option of a fine. (5) The Minister shall, where the office of a member of the Board or Price Consultative Forum becomes vacant before the expiry of the term of office, appoint another member of the Board or Price Consultative Forum in place of that member, but that member shall hold office as a member of the Board or Price Consultative Forum only for the unexpired part of the term of the Board or Price Consultative Forum. Proceedings of Board and Price Consultative Forum

Section 2Verify source

§ 3Continuation of Cotton Board of ZambiaProvision

The Board and the Price Consultative Forum set their own procedure, must meet regularly, and must keep minutes of meetings.

3. (1) Subject to the other provisions of this Act, the Board or Price Consultative Forum may regulate its own procedure. (2) The Board shall meet for the transaction of business at least once every three months at a place and time that the Chairperson may determine. (3) The Price Consultative Forum shall meet for the transaction of business at least once every six months at a place and time that the Price Consultative Forum may determine. (4) The Chairperson of the Board or chairperson of the Price Consultative Forum shall, on giving notice of not less than fourteen days, call for a meeting of the Board or Price Consultative Forum, or where one third or more of the members of the Board or members of the Price Consultative Forum so request, in writing, except that if the urgency of a particular matter does not permit the giving of a notice, a special meeting may be called on giving a shorter notice. Cotton [No. 14 of 2025 217 (5) Five members shall form a quorum at a meeting of the Board or Price Consultative Forum. (6) There shall preside at any meeting of the Board— (a) the Chairperson; (b) in the absence of the Chairperson, the Vice-Chairperson; or (c) in the absence of the Chairperson and the Vice- Chairperson, a member of the Board as the members of the Board present may elect for the purpose of that meeting. (7) There shall preside at any meeting of the Price Consultative Forum— (a) the chairperson of the Price Consultative Forum; (b) in the absence of the chairperson of the Price Consultative Forum, the vice-chairperson of the Price Consultative Forum; or (c) in the absence of the chairperson of the Price Consultative Forum and the vice-chairperson of the Price Consultative Forum, a member of the Price Consultative Forum as the members of the Price Consultative Forum present may elect for the purpose of that meeting. (8) A decision of the Board or Price Consultative Forum on any question shall be by a majority of the members of the Board or members of the Price Consultative Forum present and voting at the meeting and, in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to the deliberative vote. (9) A member may, where the member is for any reason unable to attend a meeting of the Board or a meeting of the Price Consultative Forum, nominate another person, in writing, from the same ministry, institution or organisation to attend a meeting of the Board or a meeting of the Price Consultative Forum in that member’s stead and that person shall be deemed to be a member for the purpose of that meeting. (10) The Board or Price Consultative Forum may invite a person whose presence is in the Board’s or Price Consultative Forum’s opinion desirable to attend and to participate in the deliberations of the meeting of the Board or Price Consultative Forum but that person shall have no vote. 218 No. 14 of 2025] Cotton Allowances Disclosure of interest Immunity of members (11) The Board or Price Consultative Forum shall cause minutes to be kept of the proceedings of every meeting of the Board or Price Consultative Forum and any committee of the Board.

Section 3Verify source

§ 4Functions of Cotton Board of ZambiaProvision

Board, committee, and ad hoc Appeals Committee members are to be paid allowances set by the Emoluments Commission on the Minister’s recommendation; Price Consultative Forum members are not to be paid an allowance.

4. (1) A member of the Board, a member of a committee of the Board or a member of an ad hoc Appeals Committee shall be paid allowances that the Emoluments Commission may, on the recommendation of the Minister, determine. (2) A member of the Price Consultative Forum shall not be paid an allowance.

Section 4Verify source

§ 5Constitution of BoardCommencement

A person at certain Board-related meetings must declare a private interest promptly and must not take part in discussion or voting on the matter unless the meeting body directs otherwise.

5. (1) A person who is present at a meeting of the Board, a committee of the Board, the Price Consultative Forum or ad hoc Appeals Committee at which any matter is the subject of consideration and in which matter that person or that person’s relative or associate is directly or indirectly interested in a private capacity, shall, as soon as is practicable after the commencement of the meeting, declare that interest and shall not, unless the Board, the committee, the Price Consultative Forum or the ad hoc Appeals Committee otherwise directs, take part in any consideration or discussion of, or vote on, any question relating to that matter. (2) A disclosure of interest made under subparagraph (1) shall be recorded in the minutes of the meeting at which is made.

Section 5Verify source

§ 6Functions of BoardProvision

No action or other proceedings may be brought against specified Board-related members or staff for good-faith acts or omissions done in carrying out powers, functions, or duties under the Act.

6. An action or other proceedings shall not lie or be instituted against a member of the Board, a committee of the Board, a member of a Price Consultative Forum, a member of an ad hoc Appeals Committee or a member of staff of the Cotton Board of Zambia for, or in respect of, an act or thing done or omitted to be done in good faith in the exercise or performance of any of the powers, functions or duties conferred under this Act. Committees of Board

Section 6Verify source

§ 7Director-General, Secretary and other staffProvision

The Board may create a committee, delegate functions to it, appoint its members, and let it regulate its own procedure, subject to Board directions.

7. (1) The Board may, for the purpose of performing its functions under this Act, constitute a committee and delegate any of its functions to the committee as the Board considers necessary. (2) The Board may appoint as members of a committee persons who are or are not members, except that at least one member of the Board shall be a member of a committee. (3) A member of a committee shall hold office for a period that the Board may determine. (4) Subject to any specific or general directions of the Board, a committee may regulate its own procedure. Cotton [No. 14 of 2025 219

Section 7Verify source

§ 8Price Consultative ForumOffence

A person must not disclose protected information from duties under the Act to an unauthorised person without written consent from specified bodies.

8. (1) A person shall not, without the consent, in writing, given by, or on behalf of, the Cotton Board of Zambia, the Price Consultative Forum or the ad hoc Appeals Committee, publish or disclose to an unauthorised person, other than in the course of duties of that person, the contents of a document, communication or information which relates to or which has come to the knowledge of that person in the course of that person’s duties under this Act. Prohibition of publication or disclosure of information to unauthorised person (2) A person who contravenes subparagraph (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. (3) A person who, having information which to that person’s knowledge has been published or disclosed in contravention of subparagraph (1), unlawfully publishes or communicates the information to another person, 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. PART II FINANCIAL PROVISIONS Funds of Cotton Board of Zambia Cap 347

Section 8Verify source

Part

PART II

§ 3Continuation of Cotton Board of ZambiaRepeal

The Cotton Board of Zambia continues under this Act as a body corporate with perpetual succession and a common seal, and it can sue and be sued in its own name.

3. (1) The Cotton Board of Zambia established under the repealed Act is continued as if established under this Act as a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name and with power, subject to the provisions of this Act, to do all acts and things that a body corporate may, by law, do or perform. (2) The First Schedule applies to the Cotton Board of Zambia.

Section 3Verify source

§ 4Functions of Cotton Board of ZambiaProvision

The Cotton Board of Zambia is responsible for regulating, monitoring, and supporting cotton production and marketing, setting standards, determining levies and indicative prices, and advising the Government.

4. The functions of the Cotton Board of Zambia are to— (a) regulate and monitor the production, ginning, and marketing of seed cotton; (b) regulate and monitor the importation and exportation of lint; (c) set the standards relating to the quality of cotton in the field, seed cotton, cotton seed and lint; (d) promote the production of good quality cotton; (e) set the standard input package of cotton seed, pesticide and fertilizer per hectare of the cotton crop; (f) determine the seed cotton levy; (g) determine and review indicative prices of seed cotton; (h) determine and declare when, and where, a cotton market shall occur; (i) facilitate and support research and development of the cotton industry; (j) maintain a record of the pre-financing provided to cotton farmers; (k) implement Government’s policies relating to the cotton sector; and (l) advise the Government on measures that are necessary for the protection, control, promotion and development of the cotton sector. 194 No. 14 of 2025] Cotton Constitution of Board

Section 4Verify source

§ 5Constitution of BoardOffence

This section sets up the Cotton Board of Zambia, says the Minister appoints its part-time members, requires specified bodies to nominate representatives, lets board members elect a Vice-Chairperson, and bars certain disqualified people from being nominated or appointed.

5. (1) There is constituted the Board of the Cotton Board of Zambia which consists of the following part time members appointed by the Minister— (a) a person with knowledge and experience in matters relating to cotton, as the Chairperson; (b) a representative of the ministry responsible for— (i) agricultural; and (ii) finance; (c) a representative of the Attorney-General; (d) a representatives of the most representative association responsible for cotton farmers; (e) a representatives of the most representative association responsible for cotton ginners; (f) a representative of Cotton Development Trust; and (g) a representative of Seed Control and Certification Institute; and (h) a representative of the textile industry. (2) The ministries, institutions and organisations referred to in subsection (1) shall nominate their representatives for appointment by the Minister. (3) The members of the Board shall elect the Vice-Chairperson from among themselves. (4) A person shall not be nominated or appointed as a member of the Board if that person is— (a) an undischarged bankrupt; (b) convicted of an offence involving fraud or dishonesty under any written law; (c) convicted of an offence under this Act or any written law and sentenced to imprisonment for a term exceeding six months without an option of a fine; or (d) legally disqualified. (5) The First Schedule applies to the Board. Functions of Board

Section 5Verify source

§ 6Functions of BoardProvision

The Board must set strategic direction for the Cotton Board of Zambia and perform specified oversight and approval functions. It may delegate functions to the Director-General in writing, and the Minister may issue directions to the Board.

6. (1) Subject to the other provisions of this Act, the Board shall provide strategic policy direction to the Cotton Board of Zambia. (2) Despite the generality of subsection (1), the functions of the Board are to— Cotton [No. 14 of 2025 195 (a) approve the policies, programmes and strategies of the Cotton Board of Zambia; (b) approve the annual budget estimates and financial statements of the Cotton Board of Zambia; (c) approve the annual work plan, action plans and activity reports of the Cotton Board of Zambia; (d) monitor and evaluate the performance of the Cotton Board of Zambia against budgets and plans; and (e) promote the effective corporate governance of the Cotton Board of Zambia. (3) The Board may, by direction in writing and on conditions that the Board considers necessary, delegate to the Director-General any of the Board’s functions under this Act. (4) A delegation made under subsection (3) shall not prevent the Board from performing the functions so delegated. (5) The Minister may give to the Board general or specific directions relating to the performance of the Board’s functions and the Board shall give effect to those directions to the extent that those directions are not inconsistent with the Act or any other written law.

Section 6Verify source

§ 7Director-General, Secretary and other staffProvision

The Board must appoint a Director-General, a Secretary, and other necessary staff for the Cotton Board of Zambia, and the Emoluments Commission must set their pay and service conditions on the Board’s recommendation.

7. (1) The Board shall appoint a Director-General who shall be— (a) the chief executive officer of the Cotton Board of Zambia; and (b) responsible for the day-to-day administration of Cotton Board of Zambia under the direction of the Board; (2) The Director-General shall be an ex-officio member of the Board. (3) The Board shall appoint a Secretary and other staff of the Cotton Board of Zambia that the Board considers necessary for the performance of the functions of the Cotton Board of Zambia. (4) The Emoluments Commission shall, on the recommendation of the Board, determine the emoluments and terms and conditions of services of the Director-General, Secretary and other staff of the Cotton Board of Zambia. Director- General, Secretary and other staff 196 No. 14 of 2025] Cotton PART III PRICE CONSULTATIVE FORUM Price Consultative Forum

Section 7Verify source

§ 9Functions of Price Consultative ForumProvision

This section sets out what the Cotton Board of Zambia’s funds can include, what must be paid from those funds, and when the Board may invest unused funds.

9. (1) The funds of the Cotton Board of Zambia consist of monies that may— (a) be appropriated to the Cotton Board of Zambia by Parliament; (b) subject to the Public Finance Management Act, 2018, be received by way of grants or donations from any source within the Republic and subject to the approval of the Minister, from any source outside the Republic; (c) be paid to the Cotton Board of Zambia by way of charges or fees; and (d) vest in or accrue to the Cotton Board of Zambia. (2) There shall be paid from the funds of the Cotton Board of Zambia— 220 No. 14 of 2025] Cotton Cap 347 Financial year Accounts and audit Annual report (a) the salaries, allowances and loans of members of staff of the Cotton Board of Zambia; (b) reasonable travelling, transport and subsistence allowances for members of the Board or members of any committee of the Board when engaged in the business of Cotton Board of Zambia, at rates that the Emoluments Commission may, on the recommendation of the Minister, determine; and (c) any other expenses incurred by the Cotton Board of Zambia in the performance of the Cotton Board of Zambia’s functions. (3) Subject to the Public Finance Management Act, 2018, the Cotton Board of Zambia may invest, in a manner that the Board considers appropriate, funds of the Cotton Board of Zambia that it does not immediately require for the performance of the Cotton Board of Zambia’s functions.

Section 9Verify source

§ 10Prohibition of producing, buying, selling, storing orProvision

The Cotton Board of Zambia’s financial year is 12 months long and ends on 31 December each year.

10. The financial year of the Cotton Board of Zambia shall be a period of twelve months ending on 31st December in each year.

Section 10Verify source

§ 11Application for registration to produce, buy, sell, storeProvision

The Board must keep proper accounting books and records for the Cotton Board of Zambia, its accounts must be audited annually by the Auditor-General or an auditor the Auditor-General appoints, and the Cotton Board of Zambia must pay the auditor’s fees.

11. (1) The Board shall cause to be kept proper books of accounts and other records relating to the accounts of the Cotton Board of Zambia. (2) The accounts of the Cotton Board of Zambia shall be audited annually by the Auditor-General or an auditor appointed by the Auditor-General. (3) The Auditor’s fees shall be paid by the Cotton Board of Zambia.

Section 11Verify source

§ 12Suspension or cancellation of certificate of registrationProvision

The Cotton Board of Zambia must submit an annual report to the Minister within 90 days after the financial year ends, and the Minister must lay that report before the National Assembly within 7 days after its first sitting following receipt.

12. (1) The Cotton Board of Zambia shall, as soon as practicable, but not later than ninety days after the end of the financial year, submit to the Minister a report concerning the activities of the Cotton Board of Zambia during the financial year. (2) The report referred to in subparagraph (1) shall include information on the financial affairs of the Cotton Board of Zambia and there shall be appended to the report— (a) an audited statement of financial position; (b) an audited statement of comprehensive income and expenditure; and (c) any other information that the Minister may require. (3) The Minister shall, not later than seven days after the first sitting of the National Assembly next after receipt of the report referred to in subparagraph (1), lay the report before the National Assembly. Cotton [No. 14 of 2025 221 SECOND SCHEDULE (Section 52)

Section 12Verify source

§ 1Short title and commencementShort title

This Schedule defines “former Board” as the Cotton Board Interpretation of Zambia established under the repealed Act.

1. In this Schedule “former Board” means the Cotton Board Interpretation of Zambia established under the repealed Act. Member Staff of Board

Section 1Verify source

§ 2InterpretationCommencement

Former Board members continue in office for three months, then the Minister appoints Board members under the Act.

2. A person who immediately before the commencement of this Act held office as a member of the former Board shall continue to hold office as a member for a period of three months after which the Minister shall appoint the members of the Board in accordance with this Act.

Section 2Verify source

§ 3Continuation of Cotton Board of ZambiaCommencement

People who were officers or employees of the former Board before commencement continue as officers or employees of the Cotton Board of Zambia.

3. (1) For the avoidance of doubt, a person who, before the commencement of this Act, was an officer or employee of the former Board, shall continue to be an officer or employee of the Cotton Board of Zambia, as if appointed or employed under this Act. (2) The service of the persons referred to, in subparagraph (1) shall be treated as continuous service. (3) Nothing in this Act affects the rights and liabilities of any person employed or appointed by the former Board before this Act comes into force.

Section 3Verify source

§ 4Functions of Cotton Board of ZambiaRepeal

Certificates issued under the repealed Act stay valid until expiry, revocation, or surrender, and pending applications under the repealed Act are to be dealt with under this Act.

4. (1) A certificate of registration, licence or distinguishing mark certificate issued under the repealed Act, shall continue to be valid until expiry, revocation or surrender, as if the certificate of registration, licence or distinguishing mark certificate was issued in accordance with this Act. Registration under repealed Act (2) An application for a certificate of registration, licence or distinguishing mark certificate pending under the repealed Act, shall be issued in accordance with this Act.

Section 4Verify source

§ 5Constitution of BoardCommencement

Assets, rights, liabilities and obligations of the former Board are transferred to the Cotton Board of Zambia, and the Cotton Board must apply for registration where required.

5. (1) On or after the commencement of this Act, there shall be transferred to, vest in and subsist against the Cotton Board of Zambia by virtue of this Act and without further assurance, all assets, rights and obligations which immediately before that date were the assets, rights, liabilities and obligations of the former Board. (2) Subject to subparagraph (1), every deed, bond and agreement, other than an agreement for personnel service, to which the former Board was a party immediately before the commencement of this Act whether or not of a nature that rights, liabilities and obligations could be assigned, shall unless its subject matter or terms make it impossible that it should have effect as modified, as provided under this paragraph, have effect as if— Transfer of assets and liabilities 222 No. 14 of 2025] Cotton (a) the Cotton Board of Zambia had been party to it; (b) for reference to the former Board there was substituted with respect to anything falling to be done on or after the commencement of this Act, a reference to the Cotton Board of Zambia; or (c) for any reference to any officer of the former Board, not being a party to it and beneficially interested, there were substituted, as respects anything falling to be done on or after the commencement of this Act, a reference to that officer of the Cotton Board of Zambia, that it shall designate. (3) Where under this Act, any assets, rights, liabilities and obligations of the former Board are deemed to be transferred to the Cotton Board of Zambia in respect of which transfer a written law provided for registration, the Cotton Board of Zambia shall make an application, in writing, to the appropriate registration authority for registration of the transfer. (4) The registration authority, referred to in subparagraph (3), shall make entries in the appropriate register as shall give effect to the transfer and where applicable certificate of title in respect of the property or make necessary amendments to the register and shall endorse the deeds relating to the title, right or obligation concerned and no registration fees or other duties shall be payable in respect of the transaction. Legal proceedings

Section 5Verify source

§ 6Functions of BoardCommencement

6. (1) Any legal proceedings or application of the former Board pending immediately before the commencement of this Act by or against the former Board may be continued by or against the Cotton Board of Zambia. (2) After the commencement of this Act, proceedings in respect of any right, liability or obligation which was vested in, held, enjoyed, incurred or suffered by the former Board, may be instituted by or against the Cotton Board of Zambia.

Section 6Verify source

Part

PART III

§ 8Price Consultative ForumOffence

This section sets up the Price Consultative Forum, describes how its members are appointed, and bars certain people from being nominated or appointed.

8. (1) There is constituted the Price Consultative Forum which consists of the following part time members appointed by the Minister: (a) a representative of the ministry responsible for commerce, trade and industry, as the chairperson; (b) a representative of the ministry responsible for agriculture; (c) a representative of the Cotton Board of Zambia; (d) a representative of the most representative association responsible for cotton farmers; (e) a representative of the Cotton Development Trust; and (f) a representative of the most representative association responsible for cotton ginners. (2) The ministries, institutions and organisations referred to in subsection(1) shall nominate their representatives for appointment by the Minister. (3) The members of the Price Consultative Forum shall elect the vice chairperson of the Price Consultative Forum from the members referred to under subsection(1)(d)(e) or (f). (4) A person shall not be nominated or appointed as a member of the Price Consultative Forum if that person is— (a) an undischarged bankrupt; (b) convicted of an offence involving fraud or dishonesty under any written law; (c) convicted of an offence under this Act or any written law and sentenced to imprisonment for a term exceeding six months without an option of a fine; or (d) legally disqualified. (5) The Cotton Board of Zambia shall provide secretarial services to the Price Consultative Forum. (6) First Schedule applies to the Price Consultative Forum. Cotton [No. 14 of 2025 197 Functions of Price Consultative Forum Prohibition of producing, buying, selling, storing or ginning seed cotton without certificate Application for registration to produce, buy, sell, store or gin cotton

Section 8Verify source

§ 9Functions of Price Consultative ForumProvision

The Price Consultative Forum reviews cotton prices and pricing models, and recommends indicative cotton prices to the Board.

9. The functions of the Price Consultative Forum are to— (a) review and compare the different prices of seed cotton in the region for purposes of establishing the indicative prices of cotton to be charged in the Republic; (b) recommend the minimum indicative prices of cotton to the Board; and (c) review and compare cotton pricing models submitted by stakeholders for purposes of establishing standard prices that can be offered by ginners to producers. PART IV REGISTRATION OF PRODUCERS AND GINNERS

Section 9Verify source

Part

PART IV

§ 10Prohibition of producing, buying, selling, storing orOffence

A person must not produce, buy, sell, store, gin, import or export seed cotton for commercial purposes unless registered under the Act.

10. (1) A person shall not produce, buy, sell, store, gin, import or export seed cotton, for commercial purposes, without a certificate of registration issued under this Act. (2) A person who contravenes subsection (1) commits an offence and 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.

Section 10Verify source

§ 11Application for registration to produce, buy, sell, storeProvision

People who want to commercially handle seed cotton must apply to the Cotton Board of Zambia for registration and pay a prescribed fee.

11. (1) A person who intends to produce, buy, sell, store, gin, import or export seed cotton, for commercial purposes, shall apply to the Cotton Board of Zambia for registration in the prescribed manner and form on payment of a prescribed fee. (2) The Cotton Board of Zambia shall, within thirty days of receipt of an application under subsection (1), approve or reject the application. (3) The Cotton Board of Zambia shall, where an applicant satisfies the prescribed requirements, issue the applicant with a certificate of registration in a prescribed form. (4) The Cotton Board of Zambia shall, where the Cotton Board of Zambia rejects an application under subsection (2), inform the applicant in writing, stating the reasons for the rejection. (5) A certificate of registration shall remain the property of the Cotton Board of Zambia and shall have unlimited period of validity, unless suspended or cancelled under this Act. 198 No. 14 of 2025] Cotton Suspension or cancellation of certificate of registration

Section 11Verify source

§ 12Suspension or cancellation of certificate of registrationOffence

The Cotton Board of Zambia may suspend or cancel a certificate of registration in specified cases, must notify the holder and allow up to 30 days to show cause, and must not proceed if remedial measures are accepted.

12. (1) Subject to the other provisions of this Act, the Cotton Board of Zambia may suspend or cancel a certificate of registration if the holder of the certificate of registration— (a) contravenes a provision of this Act; (b) buys seed cotton that was pre-financed without the prior written consent of the person who pre financed the seed cotton; (c) distributes seed cotton which is not certified in accordance Cap 236 with the Plant Variety and Seeds Act; (d) fails to comply with any term or condition of the certificate of registration; (e) obtained the certificate of registration through fraud, misrepresentation or concealment of a material fact; or (f) is convicted of an offence under this Act and sentenced to imprisonment for a term exceeding six months without the option of a fine. (2) The Cotton Board of Zambia shall, before suspending or cancelling a certificate of registration in accordance with subsection (1), notify the holder of the certificate of registration of the Cotton Board of Zambia’s intention to suspend or cancel the certificate of registration and shall— (a) give reasons for the intended suspension or cancellation; and (b) require the holder of the certificate of registration to show cause, within a period of not more than thirty days, why the certificate of registration should not be suspended or cancelled. (3) The Cotton Board of Zambia shall not suspend or cancel a certificate of registration under this section if the holder takes remedial measures to the satisfaction of the Cotton Board of Zambia within the period specified under subsection (2)(b). (4) The Cotton Board of Zambia shall suspend or cancel a certificate of registration if the holder, after being notified under subsection (2), fails to show cause or does not take remedial measures to the satisfaction of the Cotton Board of Zambia within the period specified in that subsection. Cotton [No. 14 of 2025 199 (5) A holder of a certificate of registration that is cancelled shall, within thirty days of being notified of the cancellation, surrender the certificate of registration to the Cotton Board of Zambia. (6) A person who contravenes subsection (5) commits an offence. (7) A person whose certificate of registration is cancelled under this section may, within thirty days from the date of cancellation of the certificate of registration apply for re registration in the prescribed manner and form and on payment the prescribed fee, where that person takes remedial measures to the satisfaction of the Cotton Board of Zambia. PART V DISTINGUISHING MARKS

Section 12Verify source

Part

PART V

§ 13Prohibition of ginning or producing seed cottonOffence

A registered ginner or producer of seed cotton must not gin or produce seed cotton unless they have a distinguishing mark certificate issued under the Act.

13. (1) A ginner or producer of seed cotton registered under section 11 shall not gin or produce seed cotton without a distinguishing mark certificate issued under this Act. (2) A person who contravenes subsection (1) commits an offence and 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. Prohibition of ginning or producing seed cotton without distinguishing mark certificate

Section 13Verify source

§ 14Registration of distinguishing markProvision

A ginner or producer of seed cotton must submit a distinguishing mark to the Cotton Board of Zambia for approval after getting a registration certificate.

14. (1) A ginner or producer of seed cotton shall, on receipt of a certificate of registration issued under section 11, submit a distinguishing mark to the Cotton Board of Zambia for approval. Registration of distinguishing mark (2) The Cotton Board of Zambia shall, within thirty days of receipt of the distinguishing mark referred to under subsection (1), approve or reject the distinguishing mark. (3) The Cotton Board of Zambia shall approve and register the distinguishing mark referred to under section (1) and issue the ginner or producer of seed cotton with a distinguishing mark certificate in a prescribed form if the ginner or producer of seed cotton satisfies the prescribed requirements. (4) The Cotton Board of Zambia shall, where the Cotton Board of Zambia rejects the distinguishing mark under subsection (2), inform the ginner or producer of seed cotton, in writing, stating the reasons for the rejection. 200 No. 14 of 2025] Cotton Suspension or cancellation of distinguishing mark certificate (5) The Cotton Board of Zambia may, where the Cotton Board of Zambia rejects the distinguishing mark under subsection (2), require the ginner or producer of seed cotton to submit an alternative distinguishing mark.

Section 14Verify source

§ 15Suspension or cancellation of distinguishing markOffence

The Cotton Board of Zambia may suspend or cancel a distinguishing mark certificate in specified cases, but it must notify the holder, give reasons, and allow up to 30 days to show cause.

15. (1) Subject to the other provisions of this Act, the Cotton Board of Zambia may suspend or cancel a distinguishing mark certificate if the holder of the certificate— (a) contravenes a provision of this Act; (b)fails to comply with a term or condition of the distinguishing mark certificate; (c) obtained the distinguishing mark certificate through fraud, misrepresentation or concealment of a material fact; or (d) is convicted of an offence under this Act or any other written law and sentenced to imprisonment for a term exceeding six months without the option of a fine. (2) The Cotton Board of Zambia shall, before suspending or cancelling a distinguishing mark certificate in accordance with subsection (1), notify the holder of the distinguishing mark certificate of the Cotton Board of Zambia’s intention to suspend or cancel the certificate and shall— (a) give reasons for the intended suspension or cancellation; and (b) require the holder of the distinguishing mark certificate to show cause, within a period of not more than thirty days, why the certificate should not be suspended or cancelled. (3) The Cotton Board of Zambia shall not suspend or cancel a distinguishing mark certificate under this section if the holder takes remedial measures to the satisfaction of the Cotton Board of Zambia within the period specified under subsection (2)(b). (4) The Cotton Board of Zambia shall suspend or cancel a distinguishing mark certificate if the holder, having been notified in accordance with subsection (2), fails to show cause or does not take remedial measures to the satisfaction of the Cotton Board of Zambia within the period specified under subsection 2(b). Cotton [No. 14 of 2025 201 (5) A holder of a distinguishing mark certificate that is cancelled shall, within thirty days of being notified of the cancellation, surrender the distinguishing mark certificate to the Cotton Board of Zambia. (6) A person who contravenes subsection (5) commits an offence. (7) A holder of a distinguishing mark certificate that is cancelled may, within thirty days from the date of the cancellation of the distinguishing mark certificate, apply for the re-registration of the distinguishing mark certificate in the prescribed manner and form and on payment of the prescribed fee, if that person takes remedial measures to the satisfaction of the Cotton Board of Zambia.

Section 15Verify source

§ 16Marking of bag or receptacle with distinguishing markOffence

Ginners or producers of seed cotton must not use another seller’s distinguishing mark or impersonate another seller, and packages containing seed cotton must be marked, sealed, and labelled as prescribed.

16. (1) A ginner or producer of seed cotton shall not — (a) use the distinguishing mark of another ginner or producer of seed cotton; (b) impersonate another ginner or producer of seed cotton. (2) A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding five hundred thousand panalty units or to imprisonment for a term not exceeding five years, or to both. (3) A package containing seed cotton shall be marked, sealed and labelled in a prescribed manner. Marking of bag or receptacle with distinguishing mark

Section 16Verify source

§ 17Publication of registered distinguishing marksProvision

The Cotton Board of Zambia must publish the details of registered distinguishing marks in the Gazette and in a newspaper with daily circulation in the Republic.

17. The Cotton Board of Zambia shall publish the details of registered distinguishing marks in the Gazette and a newspaper of daily circulation in the Republic. Publication of registered distinguishing marks PART VI LICENSING OF PRODUCERS AND GINNERS

Section 17Verify source

Part

PART VI

§ 18Application and types of licencesProvision

This section says the Cotton Board of Zambia must issue a cotton ginner’s licence and a cotton producer’s licence, and it applies to persons registered under Part IV.

18. (1) This Part applies to persons who are registered under Part IV of this Act. Application and types of licences (2) For the purposes of this Act, the Cotton Board of Zambia shall issue the following licences: (a) a cotton ginner’s licence; and (b) a cotton producer’s licence. 202 No. 14 of 2025] Cotton Prohibition of buying, selling, importing or exporting cotton without licence

Section 18Verify source

Part

Part IV of this Act.

§ 19Prohibition of buying, selling, importing or exportingOffence

A person must not produce, buy, sell, store, gin, import, or export seed cotton for commercial purposes without a licence under the Act.

19. (1) Subject to section 11, a person shall not produce, buy, sell, store, gin, import or export seed cotton, for commercial purposes, without a licence issued under this Act. (2) A person who contravenes subsection (1) commits an offence and 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. Application for licence to buy, sell, import or export cotton

Section 19Verify source

§ 20Application for licence to buy, sell, import or export cottonProvision

A registered person who wants to deal in seed cotton commercially must apply to the Cotton Board of Zambia for a licence and pay the prescribed fee.

20. (1) A person registered under this Act who intends to produce, buy, sell, store, gin, import or export seed cotton, for commercial purposes shall apply to the Cotton Board of Zambia for a licence in the prescribed manner and form on payment of a prescribed fee. Validity of licence Renewal of licence (2) The Cotton Board of Zambia shall, within thirty days of receipt of an application under subsection (1), approve or reject the application. (3) The Cotton Board of Zambia shall, where an applicant satisfies the prescribed requirements, issue the applicant with a licence in a prescribed form. (4) The Cotton Board of Zambia shall, where the Cotton Board of Zambia rejects an application under subsection (3), inform the applicant in writing, stating the reasons for the rejection.

Section 20Verify source

§ 21Validity of licenceProvision

A licence issued under section 20 is valid for one year.

21. A licence issued under section 20 shall be valid for one year.

Section 21Verify source

§ 22Renewal of licenceProvision

A licence holder may apply to the Cotton Board of Zambia for renewal 30 days before the licence expires, and the Board must decide within 30 days.

22. (1) A holder of a licence may, thirty days before the expiration of the licence, apply to the Cotton Board of Zambia for the renewal of the licence in the prescribed manner and form on payment of a prescribed fee. (2) The Cotton Board of Zambia shall, within thirty days of receipt of an application under subsection (1), approve or reject the application. (3) The Cotton Board of Zambia shall, where an applicant satisfies the prescribed requirements, issue the applicant with a renewed licence in a prescribed form. (4) The Cotton Board of Zambia shall, where the Cotton Board of Zambia rejects an application under subsection (2), inform the applicant, in writing, stating the reasons for the rejection. Cotton [No. 14 of 2025 203

Section 22Verify source

§ 23Suspension or cancellation of licenceOffence

The Cotton Board of Zambia may suspend or cancel a licence in specified cases, but must first notify the holder and allow up to 30 days to show cause. If a licence is cancelled, the holder must surrender it within 30 days, and may seek re-registration within 30 days if remedial measures are accepted.

23. (1) Subject to the other provisions of this Act, the Cotton Board of Zambia may suspend or cancel a licence if the holder of the licence— Suspension or cancellation of licence (a) contravenes a provision of this Act; (b) fails to comply with any term or condition of the licence; (c) obtained the licence through fraud, misrepresentation or concealment of a material fact; or (d) is convicted of an offence under this Act and sentenced to imprisonment for a term exceeding six months without the option of a fine. (2) The Cotton Board of Zambia shall, before suspending or cancelling a licence in accordance with subsection (1), notify the holder of the licence of the Cotton Board of Zambia’s intention to suspend or cancel the licence and shall (a) give reasons for the intended suspension or cancellation; and (b) require the holder of the licence to show cause, within a period of not more than thirty days, why the licence should not be suspended or cancelled. (3) The Cotton Board of Zambia shall not suspend or cancel a licence under this section if the holder takes remedial measures to the satisfaction of the Cotton Board of Zambia within the period specified under subsection (2)(b). (4) The Cotton Board of Zambia shall suspend or cancel a licence if the holder, having been notified in accordance with subsection (2), fails to show cause or does not take remedial measures to the satisfaction of the Cotton Board of Zambia within the period specified under that subsection. (5) A holder of a licence that is cancelled shall, within thirty days of being notified of the cancellation, surrender the licence to the Cotton Board of Zambia. (6) A person who contravenes subsection (5) commits an offence. (7) A holder of a licence that is cancelled may, within thirty days from the date of the cancellation of the licence apply for re- registration in the prescribed manner and form and on payment of the prescribed fee, if that person takes remedial measures to the satisfaction of the Cotton Board of Zambia. 204 No. 14 of 2025] Cotton PART VII COTTON DEVELOPMENT TRUST FUND Continuation of Cotton Development Trust Fund

Section 23Verify source

Part

PART VII

§ 24Continuation of Cotton Development Trust FundRepeal

The Cotton Development Trust Fund continues for cotton development, and the Cotton Board of Zambia may invest money that is not immediately needed.

24. (1) The Cotton Development Trust Fund established under the repealed Act is continued as if established under this Act for purposes of cotton development. (2) Despite the generality of subsection (1), the Fund may be applied for the purposes of— (a) research and development in cotton; (b) extension services of cotton farmers; (c) cotton seed production and multiplication; (d) cotton seed quality control; (e) phytosanitary and quarantine on cotton; or (f)any other matter relating to development of cotton, as may be prescribed. (3) The Fund consists of monies that may— (a) be appropriated by Parliament for the purposes of the Fund; Cap. 347 (b) subject to the Public Finance Management Act be received by way of grants and donations from any source, with the approval of the Minister; Cap. 347 Management and administration of Fund Cap. 347 (c) be received by way of levies; (d) be paid to the Fund by way of fees; (e) vest in, or accrue to, the Fund; or (f)be payable to the Fund by or under any other written law. (4) Subject to the Public Finance Management Act, the Cotton Board of Zambia may invest any monies of the Fund that are not immediately required for the purpose of the Fund.

Section 24Verify source

§ 25Management and administration of FundProvision

The Cotton Board of Zambia must manage and administer the Fund, and the Minister must ensure prudent controls are in place.

25. (1) Subject to the Public Finance Management Act, the Fund shall be managed and administered by the Cotton Board of Zambia. (2) The Minister shall ensure that prudent controls are established for the Fund relating to— (a) fiscal controls and accounting procedures governing the Fund; (b) reporting procedures for matters relating to the Fund; and (c) investment of the monies of the Fund. Cotton [No. 14 of 2025 205

Section 25Verify source

§ 26Accounts and auditProvision

The Board must keep proper accounts and records for the Fund, the Fund must be audited every year by the Auditor-General or a person the Auditor-General appoints, and the Cotton Board of Zambia must pay the audit fees.

26. (1) The Board shall cause to be kept proper books of accounts and other records relating to the accounts of the Fund. Accounts and audit (2) The Fund shall be audited annually by the Auditor-General or an auditor appointed by the Auditor-General. (3) The fees for the audit of the Fund shall be paid by the Cotton Board of Zambia.

Section 26Verify source

§ 27Annual reportProvision

The Cotton Board of Zambia must submit an annual report to the Minister within 90 days after the financial year ends, and the Minister must table it before the National Assembly within 7 days after the Assembly’s first sitting following receipt.

27. (1) The Cotton Board of Zambia shall, as soon as practicable, but not later than ninety days after the end of the financial year, submit to the Minister a report concerning the activities of the Fund during the financial year. Annual report (2) The report referred to under subsection (1), shall include information on the financial affairs relating to the Fund and there shall be appended to the report— (a) an audited statement of financial position; (b) an audited statement of comprehensive income and expenditure; and (c) other information that the Minister may require. (3) The Minister shall, not later than seven days after the first siting of the National Assembly next after receipt of the report referred to in subsection (2), lay the report before the National Assembly. PART VIII INSPECTORATE

Section 27Verify source

Part

PART VIII

§ 28InspectorsProvision

The Cotton Board of Zambia may appoint inspectors, must issue each inspector an identification card, and inspectors must carry and show that card while performing functions under the Act.

28. (1) The Cotton Board of Zambia may appoint suitably qualified persons as inspectors for the purposes of ensuring compliance with this Act. Inspectors (2) The Cotton Board of Zambia shall issue an inspector with an identification card which shall be prima facie evidence of the inspector’s appointment. (3) An inspector shall, in performing any function under this Act— (a) be in possession of the identification card referred to in subsection (2); and (b) show the identification card to any person who requests to see the identification card or is the subject of an inspection or investigation under this Act. 206 No. 14 of 2025] Cotton Powers of Inspectors

Section 28Verify source

§ 29Powers of inspectorsOffence

Inspectors may enter, search, seize, sample, copy and require documents for enforcement, and owners or occupiers must provide access and documents.

29. (1) An inspector may, for the purpose of enforcing the provisions of this Act, at any reasonable time and without notice— (a) enter, inspect and search any land, building, premises or vehicle, where the inspector has reasonable grounds to believe that an offence has been committed or is likely to be committed; (b) search a person who the inspector has reasonable grounds to believe is carrying out an activity in contravention of this Act, except that a person shall only be searched by a person of the same sex; (c) examine any book, document, record or article found on any land, building, premises or vehicle that has a bearing on an inspection or investigation; (d) seize any book, document, record or article found on any land, building premises or vehicle which has been used or is being used for the commission of an offence under this Act; (e) take or cause to be taken a sample of any substance or article which an inspector has reasonable ground to suspect may be, or may contain or be contaminated with a substance that is a risk to the development of cotton; (f) take an extract from, or make a copy of any book, document or record that is found on any land, building, premises or vehicle that has a bearing on an inspection; and (g) require the production of a book, document, record or article found on any land, building, premises or vehicle from an owner or occupier of the land, building, premises or vehicle that has a bearing on an inspection. (2) An owner or occupier of any land, building, premises or vehicle shall afford an inspector access to any information, record or document for the purpose of an inspection and produce to an inspector, any information, record or document that the inspector may require for the purposes of carrying out an inspection under this Act. (3) An inspector may, in the performance of the functions of the inspector under this section, be accompanied and assisted by a law enforcement officer. (4) An inspector who removes anything from any land, building, premises or vehicle inspected under this section shall— Cotton [No. 14 of 2025 207 (a) issue a receipt for anything removed to the owner, occupier or the person in control of the land, building, premises or vehicle; and (b) return anything removed as soon as practicable after the thing removed has served the purpose for which it was removed. (5) An inspector shall enter a private dwelling house, land, building or premises occupied as a private dwelling with a warrant. (6) A court may issue a warrant on application by an inspector if it appears from written information given by that inspector, on oath or affirmation, that there are reasonable grounds to believe that this Act has been or is likely to be contravened. (7) An inspector shall furnish the Director-General with a written report and any other information relating to an inspection.

Section 29Verify source

§ 30Obstruction of inspectorOffence

A person must not obstruct, refuse to assist, impersonate, or give false or misleading information to an inspector performing functions under the Act.

30. (1) A person commits an offence if that person— (a) willfully delays or obstructs an inspector in the performance of the inspector’s functions under this Act; (b) refuses to give an inspector reasonable assistance as the inspector may require for the purposes of performing the inspector’s functions; (c) impersonates an inspector or presents oneself to be an inspector; or (d) knowingly or negligently gives an inspector false or misleading information orally, in writing or otherwise. Obstruction of inspector (2) A person who contravenes subsection (1), commits an offence and is liable, on 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 30Verify source

§ 31Arrest without warrantOffence

A law enforcement officer may arrest a person without a warrant if there are reasonable grounds to believe the person committed, is about to commit, or is obstructing an inspector, and must bring the arrested person before a court without undue delay.

31. (1) A law enforcement officer may arrest a person, without a warrant, where the law enforcement officer has reasonable grounds to believe that the person— Arrest without warrant (a) has committed an offence under this Act; (b) is about to commit an offence under this Act and there is no other way to prevent the commission of the offence; or (c) is willfully obstructing an inspector in the execution of the inspector’s functions. 208 No. 14 of 2025] Cotton Seizure of property (2) A law enforcement officer who makes an arrest under subsection (1) shall, without undue delay, have the person arrested brought before a court of competent jurisdiction.

Section 31Verify source

§ 32Seizure of propertyOffence

A law enforcement officer may seize and detain property if there is reason to believe it was used to commit an offence under the Act, and the property stays detained until the court orders what to do with it.

32. A law enforcement officer may seize and detain property which the law enforcement officer has reason to believe was used to commit an offence under this Act until an order of the court is made regarding the disposal thereof. Restoration of property

Section 32Verify source

§ 33Restoration of propertyProvision

A law enforcement officer must return seized property after an acquittal or withdrawal, or seek forfeiture if the person cannot be found or will not take it back.

33. (1) A law enforcement officer shall, where a person from whom an article or other property has been seized under section 32 is found not guilty or the proceedings against that person are withdrawn— Cap. 103 (a) without unnecessary delay, restore the article or property to that person; or (b) where the law enforcement officer is satisfied that the person cannot be found or is unwilling to receive back the article or property, apply to the court for an order of forfeiture of the article or property in accordance with the Forfeiture of Proceeds of Crime Act. (2) A court shall make an order of forfeiture under subsection (1) if— (a) the law enforcement officer has given notice, by publication in the Gazette and in a daily newspaper of general circulation in the Republic, to the effect that the article or property which has been seized under this Act shall vest in the State if it is not claimed within three months from the date of publication of the notice; and (b) three months after the giving of the notice under paragraph (a), the article or property remains unclaimed. (3) Where a claim is made, in writing, by any person that is lawfully entitled to the article or property seized under this Act that the article or property is not liable to forfeiture under this Act, the law enforcement officer may order the release of the article or property to the claimant if satisfied that there is no dispute concerning the ownership of the article or property and that it is not liable to forfeiture. (4) A law enforcement officer shall refer a claim to a court where a claim of ownership is made in relation to the article or property seized under this Act and the law enforcement officer finds that— Cotton [No. 14 of 2025 209 (a) there is a dispute regarding the ownership of the article or property; (b) there is insufficient evidence to determine the ownership of the article or property; or (c) a law enforcement officer is unable to ascertain whether the article or property is liable to forfeiture or not. PART IX GENERAL PROVISIONS

Section 33Verify source

Part

PART IX

§ 34Change in detailsProvision

A certificate holder must tell the Cotton Board of Zambia about any change in the certificate details within 7 days.

34. A holder of a certificate of registration, distinguishing mark certificate or licence shall notify the Cotton Board of Zambia of any change in the particulars relating to the certificate of registration, distinguishing mark certificate or licence within seven days of the change. Change in details

Section 34Verify source

§ 35Duplicate certificate of registration, distinguishing markProvision

A person whose certificate is destroyed, defaced, or lost may apply for a duplicate from the Cotton Board of Zambia and must pay the prescribed fee.

35. (1) A person whose certificate of registration, distinguishing mark certificate or licence is destroyed, defaced or lost may apply to the Cotton Board of Zambia for a duplicate certificate of registration, distinguishing mark certificate or licence in the prescribed manner and form on payment of the prescribed fee. Duplicate certificate of registration, distinguishing mark certificate and licence (2) The Cotton Board of Zambia shall, within thirty days of receipt of an application under subsection (1), approve or reject the application. (3) The Cotton Board of Zambia may, on receipt of an application under subsection (1), issue to the applicant a duplicate certificate of registration, distinguishing mark certificate or licence. (4) The Cotton Board of Zambia shall, where the Cotton Board of Zambia rejects an application under subsection (1), inform the applicant, in writing, stating the reasons for the rejection.

Section 35Verify source

§ 36Prohibition of transfer of certificate of registration,Offence

Certificates of registration, distinguishing mark certificates, and licences issued under this Act must not be transferred to a third party.

36. (1) A certificate of registration, distinguishing mark certificate or licence issued under this Act shall not be transferred to a third party. (2) A person who contravenes subsection (1) commits an offence and 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.

Section 36Verify source

§ 37Stages of grading and classification of seed cottonProvision

A ginner who buys seed cotton must grade and classify it at the required stages. The Cotton Board of Zambia must assign a cotton seed production zone when proof of registration is submitted under subsection (2).

37. (1) A ginner who purchases seed cotton shall grade and classify seed cotton at the following stages: Prohibition of transfer of certificate of registration, distinguishing mark certificate or licence Stages of grading and classification of seed cotton 210 No. 14 of 2025] Cotton (a) point of purchase; (b) ginnery; or (c) post-processing. (2) The grading and classification of seed cotton shall be as prescribed. (3) The Cotton Board of Zambia, where a ginner or producer submits proof of registration under subsection (2), assign a ginner or producer a cotton seed production zone.

Section 37Verify source

§ 38Establishment of cotton seed production zoneProvision

The Cotton Board of Zambia must designate a cotton seed production zone in consultation with the Seed Control and Certification Institute. It may also allocate a cotton seed production zone to a producer if requested.

38. (1) The Cotton Board of Zambia shall, in consultation with the Seed Control and Certification Institute, designate a cotton seed production zone as prescribed. (2) The Cotton Board may, on request by a producer, allocate a cotton seed production zone to that producer.

Section 38Verify source

§ 39Pesticide testingProvision

A person introducing a pesticide for seed cotton production must register the pesticide and ensure it is tested at an institution the Minister designates by statutory instrument.

39. A person who intends to introduce a pesticide in the process of seed cotton production shall— Establishment of cotton seed production zone Pesticide testing Cap. 204 with the Environmental Management Act; and (a) apply for the registration of the pesticide in accordance Distribution of pesticide, seed and fertilizer Cap. 204 (b) ensure that the pesticide is tested at an institution that the Minister, may by statutory instrument, designate.

Section 39Verify source

§ 40Distribution of pesticide, seed and fertiliserOffence

A person must not distribute cotton seed, fertiliser, or pesticide to a farmer for growing cotton unless the seed is approved, the fertiliser meets the required standards, and the pesticide is properly registered.

40. (1) A person shall not, for the purposes of growing cotton, distribute to a farmer— (a) cotton seed without approval from the Seed Control and Certification Institute; (b) fertiliser that does not meet the standards set by the Zambia Agriculture Research Institute; or (c) a pesticide, without a certificate of registration of that pesticide issued in accordance with the Environmental Management Act. (2) A person who contravenes subsection (1) commits an offence and 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. Extension service

Section 40Verify source

§ 41Extension serviceOffence

A person may not provide extension services in the cotton sector unless they have been trained in seed cotton production by the Cotton Development Trust.

41. (1) A person shall not provide extension services in the cotton sector unless that person has undergone training in seed cotton production conducted by the Cotton Development Trust. Cotton [No. 14 of 2025 211 (2) Subsection (1) shall not apply where an extension service is provided by the Cotton Development Trust. (3) A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine of five hundred thousand penalty units or to imprisonment for a term not exceeding five years, or to both.

Section 41Verify source

§ 42RegisterProvision

The Cotton Board of Zambia must keep a register of specified cotton-related records, and the Secretary must keep it at the Board’s offices for public inspection on payment of a prescribed fee.

42. (1) The Cotton Board of Zambia shall keep and maintain a Register register of— (a) certificates of registration issued under this Act; (b) registered distinguishing marks; (c) licences issued under this Act; and (d) any other information that the Board may determine. (2) The register referred to under subsection (1) shall contain the following information: (a) in the case of a certificate of registration— (i) the name of a registered person under section 11; (ii) the type of cotton trade; (iii) cotton farmers pre-financing information; and (iv) the amount of cotton purchases from each cotton farmer; (b) in the case of a licence— (i) all purchases, sales or movement of cotton; (ii) the quantity of cotton processed; and (iii) the name and address of the owner, vendor or purchaser of cotton; (c) in the case of a distinguishing mark certificate— (i) the name and address of a holder of a distinguishing mark certificate; (ii) packaging of seed cotton by a holder of a distinguishing mark certificate; and (iii) holders of a distinguishing mark certificate; and (d) any other information that the Board may determine. 212 No. 14 of 2025] Cotton (3) The register referred to under subsection (1), shall be kept by the Secretary at the offices of the Cotton Board of Zambia and shall be open for inspection to members of the public during normal office hours on payment of a prescribed fee. (4) The Director-General may, on an application by a person, issue to the person a certified extract from the register on payment of a prescribed fee. Publication of copies of register

Section 42Verify source

§ 43Publication of copies of registerProvision

The Director-General must print and publish copies of the register, including any changes, in the Gazette and a daily newspaper when directed by the Board.

43. (1) The Director-General shall, on the direction of the Board, cause copies of a register, and any alterations of, or additions to, the register to be printed and published in the Gazette and a daily newspaper of general circulation in the Republic. (2) Subject to this Act, a copy of the last printed and published register is prima facie evidence in legal proceedings of what is contained in that register and the absence of any name from that copy shall be prima facie evidence that the person is not registered. Ad hoc Appeals Committee

Section 43Verify source

§ 44Ad hoc Appeals CommitteeProvision

An ad hoc Appeals Committee is established with three members appointed by the Board, and it must hear appeals under section 45(1) and carry out other functions given to it by law.

44. (1) There is constituted an ad hoc Appeals Committee which shall consist of three members appointed by the Board. (2) The functions of an ad hoc Appeals Committee are to— (a) hear appeals made to the ad hoc Appeals Committee under section 45(1); and (b) perform other functions that are assigned to the ad hoc Appeals Committee under this Act or any other written law. Appeal

Section 44Verify source

§ 45AppealOffence

A person aggrieved by a Cotton Board of Zambia decision may appeal to an ad hoc Appeals Committee within 14 days of receiving the decision, and then to the High Court within 30 days of the Appeals Committee decision.

45. (1) A person who is aggrieved with a decision of the Cotton Board of Zambia may, within fourteen days of the receipt of the decision, appeal to an ad hoc Appeals Committee. General penalty (2) A person who is aggrieved with the decision of the ad hoc Appeals Committee may, within thirty days of the decision, appeal to the High Court.

Section 45Verify source

§ 46General penaltyOffence

A person who commits an offence under the Act where no penalty is otherwise provided is liable on conviction to a fine of up to 300,000 penalty units, imprisonment for up to 3 years, or both.

46. A person who commits an offence under this Act, for which a penalty is not provided is liable, on conviction, to a fine not exceeding three hundred thousand penalty units or to imprisonment for a term not exceeding three years, or to both. Administrative penalty

Section 46Verify source

§ 47Administrative penaltyOffence

The Cotton Board of Zambia may impose an administrative penalty for a non-offence compliance failure, and the penalty must be paid within the period the Board specifies.

47. (1) The Cotton Board of Zambia may impose an administrative penalty on a person for a failure to comply with a provision of this Act which is not an offence. Cotton [No. 14 of 2025 213 (2) An administrative penalty shall not exceed the amount prescribed by the Minister, by statutory instrument, for each day during which the failure continues. (3) An administrative penalty shall be paid to the Cotton Board of Zambia within the period specified by the Cotton Board of Zambia. (4) If a person on whom an administrative penalty is imposed in accordance with this section fails to pay the administrative penalty within the time specified under subsection (3), the Cotton Board of Zambia may, by way of civil action in a competent court, recover the amount of the administrative penalty from that person as an amount due and owing to the Cotton Board of Zambia.

Section 47Verify source

§ 48Offence by principal officers of body corporate orOffence

If a body corporate or unincorporate body commits an offence under the Act with the knowledge, consent, or connivance of a director, manager, shareholder, or partner, that person can be liable on conviction.

48. Where an offence under this Act is committed by a body corporate or an unincorporate body, with the knowledge, consent or connivance of the director, manager, shareholder or partner of the body corporate or an unincorporate body, that director, manager, shareholder or partner is liable, on conviction, to the penalty specified for the offence under this Act.

Section 48Verify source

§ 49Immunity from execution of judgment against assets ofProvision

If a judgment or court order is made against the Cotton Board of Zambia, its assets cannot be used for execution or attachment; instead, the Board must pay the awarded amount from its own funds.

49. Where a judgment or court order is obtained against the Cotton Board of Zambia, execution, attachments or process of any nature shall not be issued against the Cotton Board of Zambia or against the property of the Cotton Board of Zambia, but the Cotton Board of Zambia shall cause to be paid out of the funds of the Cotton Board of Zambia an amount that may, by judgment or court order, be awarded against the Cotton Board of Zambia to the person entitled to the amount.

Section 49Verify source

§ 50GuidelinesOffence

The Cotton Board of Zambia may issue guidelines under the Act, must publish them, and the published guidelines take effect on the publication date and bind all persons on matters relating to the Act.

50. (1) The Cotton Board of Zambia may, in the exercise of the functions of the Cotton Board of Zambia under this Act, issue guidelines that are necessary for the better carrying out of the provisions of this Act. (2) The Cotton Board of Zambia shall publish the guidelines issued under this Act in a daily newspaper of general circulation in the Republic or in the Gazette and any other electronic means that the Cotton Board of Zambia may determine. (3) The guidelines issued by the Cotton Board of Zambia shall take effect on the date of publication and shall bind all persons on matters relating to this Act. Offence by principal officers of body corporate or unincorporate body Immunity from execution of judgment against assets of Cotton Board of Zambia Guidelines

Section 50Verify source

§ 51RegulationsProvision

The Minister may make regulations for this Act, but only on the recommendation of the Cotton Board of Zambia and by statutory instrument.

51. (1) The Minister may, on the recommendation of the Cotton Board of Zambia, by statutory instrument, make Regulations for the better carrying out of the provisions of this Act. Regulations 214 No. 14 of 2025] Cotton (2) Despite subsection (1), regulations made under subsection (1) may make provision for— (a) the manner and forms of making applications under this Act and the fees payable; (b) terms and conditions of a certificate and licence issued under this Act; (c) the condition in which premises specified in a certificate of registration or licence shall be kept; (d) the manner in which cotton shall be stored; (e) returns which shall be kept under this Act; (f) the manner in which a levy imposed under this Act shall be collected; (g) the forms to be used and the procedures to be followed on any appeal under this Act; (h) time to uproot and burn ratoon cotton plant without sprout growing; (i) persons who shall maintain, test cotton seed or monitor the quality of cotton seed production; (j) cotton seed imports and exports; (k) the manner of labelling, marking or sealing of a package of seed cotton or lint; and (l) designation of a cotton seed production zone.

Section 51Verify source

§ 52Repeal of Cap. 227, and savings and transitionalRepeal

The Cotton Act, 2005 is repealed, but the Second Schedule still applies to the matters it covers.

52. (1) The Cotton Act, 2005, is repealed. (2) Despite subsection (1), the provisions of the Second Schedule apply in respect of the matters specified in the Second Schedule. Repeal of Act No. 21 of 2005, and savings and transitional provisions Cotton [No. 14 of 2025 215 FIRST SCHEDULE (Sections 3(2), 5(5), and 8 (6)) PART I ADMINISTRATION OF THE COTTON BOARD OF ZAMBIA AND PRICE CONSULTATIVE FORUM

Section 52Verify source

Legislative relationships

15 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

5 instruments

Board in accordance with this Act
Section 2
Board’s functions under this Act
Section 6
Cotton Board of Zambia Certificates issued under the repealed Act
Section 4
Cotton Board of Zambia The Cotton Board of Zambia continues under this Act
Section 3
Cotton Board of Zambia’s functions. (3) Subject to the Public Finance Management Act, 2018
Section 9

G–M

1 instrument

Lands and Deeds under the Lands and Deeds Registry Act
Section 2

N–S

2 instruments

Proceeds of Crime Act
Section 33
Second Schedule apply in respect of the matters specified in the Second Schedule. Repeal of Act
Section 52

T–Z

7 instruments

Zambia by virtue of this Act
Section 5
Zambia established under the repealed Act
Section 1
Zambia for a licence and pay the prescribed fee. 20. (1) A person registered under this Act
Section 20
Zambia may appoint suitably qualified persons as inspectors for the purposes of ensuring compliance with this Act
Section 28
Zambia may impose an administrative penalty on a person for a failure to comply with a provision of this Act
Section 47
Zambia may issue guidelines under the Act
Section 50
Zambia. (2) After the commencement of this Act
Section 6

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Cotton Act, 2025

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15 referenced instruments

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