Agricultural Marketing Act, 2026
This section gives the Act its short title and says it starts on a date the Minister appoints by statutory instrument.
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- Zambia
- Instrument
- Act or statute
- Citation
- Act 8 of 2026
- Version
- 8 Apr 2026
- Language
- en
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About this statute
This section gives the Act its short title and says it starts on a date the Minister appoints by statutory instrument. This section defines key terms used in the Act. This section establishes the Zambia Agricultural Marketing Council as a body corporate and gives it corporate powers, including the ability to sue and be sued. The Council has multiple functions, including regulating agricultural marketing actors, publishing the National Strategic Food Reserve size, and requiring needed information. This section sets up the Board, says the Minister appoints its part-time members, requires certain bodies to nominate members for appointment, and makes the members elect a Chairperson and Vice-Chairperson.
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Provisions of Agricultural Marketing Act, 2026
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Part
PART I
- 1 Verify source ↗
Short title and commencement
This section gives the Act its short title and says it starts on a date the Minister appoints by statutory instrument.
1. This Act may be cited as the Agricultural Marketing Act, 2026, and shall come into operation on the date that the Minister may, by statutory instrument, appoint. Short title and commen- cement - 2 Verify source ↗
Interpretation
This section defines key terms used in the Act.
2. In this Act, unless the context otherwise requires— Interpretation “agricultural marketing” means the process of moving farm produced goods to a consumer and includes production, storage, processing, transportation and distribution; 270 No. 8 of 2026] Agricultural Marketing “agricultural product” means an input for horticulture, aquaculture, apiculture or a livestock activity or a product derived from farming, which is raw, processed or semi- processed; Cap. 91 “associate” has the meaning assigned to the word in the Anti- Corruption Act; “Board” means the Board of the Council constituted under section 5; “certificate” means a certificate of registration issued under section 12; “certified warehouse” has the meaning assigned to the words in the Agricultural Credits and Warehouse Receipts Act, 2026; “Chairperson” means the person elected as Chairperson of the Board under section 5; Act No. 7 of 2026 Cap. 1 “citizen” has the meaning assigned to the word in the Constitution; “class of agricultural product” means a type or variety of agricultural product determined by the size, mass, measure, number, colour, appearance, purity, composition or any other characteristic; Cap. 417 “consumer” has the meaning assigned to the word in the Competition and Consumer Protection Act; “Council” means the Zambia Agricultural Marketing Council established under section 3; “dealing in agricultural product” means to engage in a commercial or economic activity of an agricultural product from the point of production to the point of consumption, import or export; “declared agricultural product” means an agricultural product which has been declared under section 21; “designated institution” means an institution designated by the Minister under section 22, for the purposes of monitoring the implementation of an intervention measure prescribed under this Act; Cap. 1 Commission established under the Constitution; “Emoluments Commission” means the Emoluments “Executive Director” means a person appointed as Executive Director of the Council under section 7; Agricultural Marketing [No. 8 of 2026 271 “Food Reserve Agency” means the Food Reserve Agency continued under the Food Reserve Act, 2026; “food security” has the meaning assigned to the words in the Food Reserve Act, 2026; Act No. 6 of 2026 Act No. 6 of 2026 “intervention measure” means a measure that applies to an agricultural product or class of agricultural product declared under section 21; “legally disqualified” means the absence of legal capacity as provided under section 4 of the Mental Health Act; Cap. 305 “market player” means a person or entity dealing in an agricultural product or any other participant in the marketing value chain, as may be prescribed in consultation with the ministries responsible for trade and fisheries and livestock; “marketing infrastructure” includes wholesale and retail markets, agri business centres, agricultural products storage facilities and road networks necessary for cost effective marketing of an agricultural product; “marketing system” means the interplay between the functions, institutions, persons engaged in agricultural marketing, market players, processes and marketing infrastructure and services for the movement of an agricultural product from production or the point of import and export to the final consumer and includes aggregation, storage, grading, transportation, processing, packaging, distribution, sale or exchange of the agricultural products, in physical or digital markets; “marketing value chain” means the different stages of agricultural marketing of an agricultural product, from the producer to the consumer, in its original or processed form, and includes horizontal and vertical arrangements between different market players; “National Strategic Food Reserve” has the meaning assigned to the words in the Food Reserve Act, 2026 “processor” means a person who processes or manufactures Act No. 6 of 2026 an agricultural product; “regulatory agency” has the meaning assigned to the words in the Food Reserve Act, 2026; Act No. 6 of 2026 272 No. 8 of 2026] Agricultural Marketing Cap. 91 “relative” has the meaning assigned to the word in the Anti- Corruption Act; “sectoral activities” means agricultural value chain related activities; “stock levels” means the quantity of a declared agricultural product or class of agricultural product available in the Republic; “traceability” means identification of the origin, movement, processing and distribution path of a declared agricultural product or class of declared agricultural products through the stages of the marketing value chain; “Unit” means the Agricultural Marketing Observatory Unit established under section 8; “Vice-Chairperson” means the person appointed as Vice- Chairperson of the Board under section 5; and “Warehouse Licensing Authority” means the Warehouse Licensing Authority continued under the Agricultural Credits and Warehouse Receipts, Act, 2026. PART II THE ZAMBIA AGRICULTURAL MARKETING COUNCIL - 1 Verify source ↗
Short title and commencement
The Council may determine the design of its seal, the Secretary must keep it, and certain officers must authenticate its affixing.
1. (1) The seal of the Council shall be such device as may be determined by the Council and shall be kept by the Secretary. (2) The affixing of the seal shall be authenticated by the Chairperson or the Vice-Chairperson and the Secretary or one other person authorised in that behalf by a resolution of the Council. (3) A document purporting to be a document executed under the seal of the Council or issued on behalf of the Council shall be received in evidence and shall be deemed to be so executed or issued, as the case may be, without further proof, unless the contrary is proved. Tenure of office and vacancy - 2 Verify source ↗
Interpretation
This section sets terms of office for Board and Council members, allows limited reappointment and temporary continuation, and requires the Minister to fill a vacant Board seat.
2. (1) A member of the Board shall, subject to other provisions of this Act, hold office for a term of three years and may be re appointed for a further and final term of three years. (2) A member of the Council may, on the expiration of a term for which a 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. (3) The office of a member of the Board becomes vacant if the member (a) dies; (b) is adjudged bankrupt under any written law; (c) resigns by giving one month’s notice, in writing, to the Minister; (d) is legally disqualified from performing the functions of a member of the Board; (e) is absent, without reasonable excuse, from three consecutive meetings of the Board of which the member has had notice without the prior approval of the Board; or (f) 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. Agricultural Marketing [No. 8 of 2026 289 (4) The Minister shall, where the office of a member of the Board becomes vacant before the expiry of the term of office, appoint another member to replace the member who vacates office but that person shall only hold office for the unexpired term of that office. - 3 Verify source ↗
Zambia Agricultural Marketing Council
The Board controls its own procedure, must meet at least every three months, and must keep minutes of meetings.
3. (1) Subject to the other provisions of this Act, the Board may regulate its own procedure. Proceedings of Board (2) The Board shall meet for the transaction of business at least once in every three months at a place and time that the Chairperson may determine. (3) The Chairperson may, on giving notice of not less than fourteen days, call for a meeting of the Board, or where one third or more of the Board members 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. (4) Five members of the Board shall form a quorum at a meeting of the Board. (5) There shall preside at a meeting of the Board— (a) the Chairperson; (b) in the absence of the Chairperson, the Vice Chairperson; or (c) in the absence of both the Chairperson and Vice Chairperson, a member of the Board as the members of the Board present may elect for the purpose of that meeting. (7) A decision of the Board on any question shall be by a majority of the members of the Board 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 that person’s deliberative vote. (8) The Board may invite a person whose presence is in the Board’s opinion desirable to attend and participate in the deliberations of the meeting but that person shall have no vote. (9) The Board shall cause minutes to be kept of the proceedings of every meeting of the Board and of any committee of the Board. - 4 Verify source ↗
Functions of Council
The Board may set up committees, delegate functions to them, appoint their members, and committees may run their own procedure subject to Board directions.
4. (1) The Board may, for the purpose of performing its functions under this Act, constitute a committee and delegate any of the Board’s functions to the committee that it considers necessary. Committees of Board 290 No. 8 of 2026] Agricultural Marketing Disclosure of interest (2) The Board may appoint as members of a committee persons who are or are not members of the Board, 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 term that the Board may determine. (4) Subject to any specific or general direction of the Board, a committee may regulate its own procedure. - 5 Verify source ↗
Constitution of Board
A person at a Board or committee meeting must declare a private interest in a matter and, unless the Board or committee directs otherwise, must not join the discussion or vote on it.
5. (1) A person who is present at a meeting of the Board or a committee of the Board 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 or the committee of the Board 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 it is made. Prohibition of publication or disclosure of information to unauthorised persons - 6 Verify source ↗
Functions of Board
People must not disclose protected information learned under the Act without written consent from the Council, Board, or a Board committee.
6. (1) A person shall not, without the consent in writing, given by or on behalf of the Council, Board or committee of the Board, publish or disclose to a 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. (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. Allowances - 7 Verify source ↗
Executive Director, Secretary and other staff of Council
Allowances must be paid to a Board member or committee member, and the Emoluments Commission may तय determine the amount on the Minister’s recommendation.
7. There shall be paid to a member Board or a member of a committee of the Board such allowances as the Emoluments Commission may determine, on the recommendation of the Minister. Agricultural Marketing [No. 8 of 2026 291 PART II FINANCIAL PROVISIONS
Part
PART II
- 3 Verify source ↗
Zambia Agricultural Marketing Council
This section establishes the Zambia Agricultural Marketing Council as a body corporate and gives it corporate powers, including the ability to sue and be sued.
3. (1) There is established the Zambia Agricultural Marketing Council which is 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 acts and things that a body corporate may, by law, do or perform. (2) The Schedule applies to the Council. Act No. 7 of 2026 Zambia Agricultural Marketing Council Functions of Council - 4 Verify source ↗
Functions of Council
The Council has multiple functions, including regulating agricultural marketing actors, publishing the National Strategic Food Reserve size, and requiring needed information.
4. (1) Subject to the other provisions of this Act and any other relevant written law, the functions of the Council are to— (a) regulate persons engaged in agricultural marketing and market players; (b) promote and facilitate an efficient, competitive private- sector driven marketing system; (c) promote the development of marketing infrastructure; (d) determine the size of the National Strategic Food Reserve Act No. 6 of 2026 specified under the Food Reserve Act, 2026; (e) monitor stock levels for agricultural products; Agricultural Marketing [No. 8 of 2026 273 (f) collaborate with the ministry responsible for trade and other regulatory agencies to develop programmes and plans on agricultural products and agricultural marketing; (g) conduct research on agricultural marketing; (h) collect, analyse, and disseminate, data and information relating to agricultural products, agricultural marketing, certified warehousing and other relevant sectoral activities to the public and market players; (i) promote the growth of agriculture in the private sector; (j) make recommendations to the Minister on the intervention measures on a declared agricultural product or class of agricultural product; (k) in collaboration with the ministry responsible for trade— (i) promote a well-functioning agricultural market in order to reduce price volatility of agricultural products; and (ii) develop and implement agricultural market linkages; (l) promote agribusiness trade market access; (m)promote innovation and utilisation of modern marketing technology in the marketing value chain; (n) oversee the development and implementation of a coordinated marketing system; (o) facilitate capacity building for registered persons engaged in agricultural marketing and market players; (p) facilitate consultation with the regulatory agencies, designated institutions and market players; and (q) advise the Minister and the minister responsible for trade on matters relating to the development of agricultural marketing infrastructure and agricultural marketing. (2) The Council shall, in determining the size of the National Strategic Food Reserve in accordance with subsection (1)(d), take into account the following: (a) lean period; (b) human consumption; (c) industrial requirements; 274 No. 8 of 2026] Agricultural Marketing (d) livestock requirements; (e) mobilisation of resources; (f) importation period; (g) climate change; or (h) any other factors that the Council may determine. (3) The Council shall, with the approval of the Minister, publish the size of the National Strategic Food Reserve in the Gazette or a daily newspaper of general circulation in the Republic and any other electronic media that the Council may determine, within seven days after a crop forecasting. (4) The Council may, in the performance of the Council’s functions under this Act, require a designated institution, a registered person engaged in agricultural marketing and a registered market player to furnish the Council with information that is necessary for the performance of the Council’s functions under this Act. (5) The Schedule applies to the Council. Constitution of Board - 5 Verify source ↗
Constitution of Board
This section sets up the Board, says the Minister appoints its part-time members, requires certain bodies to nominate members for appointment, and makes the members elect a Chairperson and Vice-Chairperson.
5. (1) There is constituted the Board of the Council which consist of the following part-time members appointed by the Minister: (a) a representative each from the ministries responsible for— (i) agriculture; (ii) finance; and (iii) trade and industry; (b) a representative of the Attorney-General; (c) a representative of the most representative association of — (i) commercial farmers; (ii) small-scale farmers; and (iii) processors; (d) a representative of an association representing the grain traders; and (e) one person from the private sector with knowledge and experience relevant to this Act. (2) The members referred to under subsection (1)(a), (b),(c) and (d) shall be nominated by their respective ministries, institutions or organisations for appointment by the Minister. Agricultural Marketing [No. 8 of 2026 275 (3) The members shall elect a Chairperson and Vice- Chairperson from amongst the members referred to in subsection (1) (c), (d) and (e). (4) A person shall not be nominated or appointed as a member of the Board if that person— (a) is not a citizen; (b) is an undischarged bankrupt; (c) has been convicted of an offence involving fraud or dishonesty under this Act; (d) has been convicted of an offence under this Act or any other written law and sentenced to imprisonment for a term exceeding six months without an option of a fine; (e) is legally disqualified from performing the functions of a member; or (f) is a member of the Board of the Food Reserve Agency or the Board of the Warehouse Licensing Authority. - 6 Verify source ↗
Functions of Board
The Board must carry out the Council’s functions, set policy direction, and approve, monitor, and promote Council planning and governance. The Minister may give directions or make performance contracts, and the Board may delegate functions in writing.
6. (1) Subject to the other provisions of this Act, the Board shall perform the functions of the Council and provide strategic policy direction to the Council. Functions of Board (2) Despite the generality of subsection (1), the functions of the Board are to— (a) formulate the policies, programmes and strategies of the Council; (b) approve the annual budget estimates and financial statements of the Council; (c) approve the annual workplan, action plans and activity reports of the Council; (d) monitor and evaluate the performance of the Council against budgets and plans; and (e) promote the effective corporate governance of the Council. (3) The Minister may give the Board general or specific directions relating to the performance of its functions and the Board shall give effect to those directions to the extent that the directions are not inconsistent with this Act. (4) The Minister may enter into specific performance contracts with the Board for a specific period which shall be consistent with the provisions of this Act. 276 No. 8 of 2026] Agricultural Marketing Executive Director, Secretary and other staff of Council Agricultural Market Observatory Unit (5) The Board may, by direction in writing and on conditions that the Board considers necessary, delegate to the Executive Director any of the Board’s functions under this Act. (6) A delegation made under subsection (5) shall not prevent the Board from performing the function so delegated. - 7 Verify source ↗
Executive Director, Secretary and other staff of Council
The Board must appoint an Executive Director, a Secretary, and any other necessary staff, and it must set staff conditions of service apart from emoluments.
7. (1) The Board shall appoint an Executive Director who shall be— (a) the chief executive officer of the Council; and (b) responsible for the day to day administration of the Council under the direction of the Board. (2) The Board shall appoint a Secretary who shall perform the Board secretarial duties of the Board and other functions that the Board may determine, under the direction of the Board and the Executive Director. (3) The Board shall appoint other staff of the Council that the Board considers necessary for the performance of the Council’s functions. (4) The Emoluments Commission shall, on the recommendation of the Board, determine the emoluments of the Executive Director, Secretary and other staff of the Council. (5) The Board shall determine the conditions of service, other than emoluments of the Executive Director, Secretary and other staff of the Council. PART III AGRICULTURAL MARKET OBSERVATORY UNIT - 8 Verify source ↗
Agricultural Market Observatory Unit
The Council may accept grants or donations with ministerial approval, charge fees under regulations, and raise loans under the Public Debt Management Act. The Board may invest unused Council funds with ministerial approval and subject to the Public Finance Management Act.
8. (1) The funds of the Council consist of monies that may— Funds of Council (a) be appropriated by Parliament; (b) be paid to the Council by way of fees, grants or donations; or (c) vest in, or accrue to, the Council. (2) The Council may— (a) subject to the approval of the Minister, accept monies by way of grants or donations from any source in the Republic and outside the Republic; or (b) in accordance with regulations made under this Act, charge and collect fees for services provided by the Council. (3) The Council may raise loans in accordance with the Public Debt Management Act, 2022. Act No. 15 of 2022 (4) There shall be paid from the funds of the Council— (a) the salaries, allowances, loans, gratuities and pension of the staff of the Council and other payments for the recruitment and retention of staff; (b) reasonable traveling and other allowances for members of the Board or members of committee of the Board when engaged in the business of the Council at rates that the Emoluments Commission may, on the recommendation of the Minister, determine; and (c) any other expenses incurred by the Council in the performance of the Council’s functions. (5) Subject to the Public Finance Management Act, the Board may, with the approval of the Minister, invest in a manner that the Board considers necessary any of the Council’s funds that the Council does not immediately require for the performance of the Council’s functions. - 9 Verify source ↗
Information management and dissemination systems
The Council’s financial year is 12 months long and ends on 31 December each year.
9. The financial year of the Council shall be a period of twelve months ending on 31st December in each year. - 10 Verify source ↗
Non-application of part
The Board must keep proper accounting books and records for the Council, and the Council must pay the audit fees. The Council’s accounts must be audited every year by the Auditor General or someone the Auditor-General appoints.
10. (1) The Board shall cause to be kept proper books of accounts and other records relating to the Council’s accounts. Cap. 347 Financial year Accounts and Audits 292 No. 8 of 2026] Agricultural Marketing Annual Report (2) The accounts of the Council shall be audited annually by the Auditor General or an auditor appointed by the Auditor-General. (3) The fees for the Auditor General or an auditor appointed by the Auditor General shall be paid by the Council. - 11 Verify source ↗
Prohibition of engaging in agricultural marketing or acting
The Board must submit a report to the Minister within 90 days after the end of each financial year, and the Minister must then table it before the National Assembly within 7 days after the Assembly’s next sitting after receipt.
11. (1) The Board shall, as soon as practicable, but not later than ninety days after the end of a financial year, submit to the Minister a report concerning the functions and activities of the Council during the financial year. (2) The report referred to in subparagraph (1) shall include information on the financial affairs of the Council 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 sitting of the National Assembly next after receipt of the report referred to in subparagraph (1), lay the report before the National Assembly.
Part
PART III
- 8 Verify source ↗
Agricultural Market Observatory Unit
The Agricultural Marketing Observatory Unit must collect, store, analyse and share agricultural market data, work with relevant bodies, and provide the data to specified ministries and market players.
8. (1) There is established in the Council the Agricultural Marketing Observatory Unit which shall be responsible for collecting, storing, analysing and disseminating data and information on sectorial activities, production, pricing and consumption of, and trade in, agricultural products and other relevant market indicators on the domestic, regional and international market. (2) The Unit shall, for the purposes of subsection (1), collaborate with relevant regulatory agencies, research institutions and the private sector. (3) The Unit shall provide accessible, timely and up to date data and information referred to under subsection (1) to the Ministries responsible for agriculture, trade, fisheries and livestock and market players. Agricultural Marketing [No. 8 of 2026 277 - 9 Verify source ↗
Information management and dissemination systems
The Council must develop and run systems to manage and publish data and information collected, stored, analysed, and disseminated under section 8.
9. (1) The Council shall develop and implement systems for the management and publication of data and information collected, stored, analysed and disseminated under section 8. (2) The Council may, for purposes of subsection (1), by notice, request a regulatory agency, designated institution, market player or any other person, at intervals that the Council may determine, to submit to the Unit a report on agricultural products and sectoral activities. PART IV REGISTRATION OF PERSONS ENGAGED IN AGRICULTURAL MARKETING AND MARKET PLAYERS
Part
PART IV
- 10 Verify source ↗
Non-application of part
This Part does not apply to people engaged in agricultural marketing, and the Minister may exempt a market player by statutory instrument after consulting the minister responsible for trade.
10. This Part shall not apply to a person engaged in agricultural marketing or a market player that the Minister may, in consultation with the minister responsible for trade, by statutory instrument, exempt. - 11 Verify source ↗
Prohibition of engaging in agricultural marketing or acting
A person may not engage in agricultural marketing or act as a market player unless registered under the Act.
11. (1) A person shall not engage in agricultural marketing or act as a market player unless that person is registered in accordance with this Act. (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 a term of imprisonment not exceeding two years, or to both. - 12 Verify source ↗
Registration of persons engaged in agricultural marketing
Anyone who wants to do agricultural marketing or act as a market player must apply to the Council for registration and pay the prescribed fee.
12. (1) A person who intends to engage in agricultural marketing or act as a market player shall apply to the Council for registration in a prescribed manner and form on payment of a prescribed fee. (2) The Council shall, within fourteen days of receipt of an application under subsection (1), grant or reject the application. (3) The Council shall, where the Council rejects an application under subsection (2), inform the applicant, in a prescribed form, stating the reasons for the rejection. (4) The Council shall, where an applicant meets the prescribed requirements, issue the applicant with a certificate of registration in a prescribed form. - 13 Verify source ↗
Request for additional information
The Council may ask an applicant for additional information about an application under section 12.
13. The Council may request an applicant to submit additional information relating to an application made under section 12. - 14 Verify source ↗
Validity of certificate
A certificate issued under this Act is valid for three years and remains subject to an annual marketing levy if prescribed.
14. (1) A certificate issued under this Act shall be valid for a period of three years. (2) Despite subsection (1), a certificate shall be subject to the payment of an annual marketing levy as may be prescribed. Information management and dissemination systems Non- application of Part Prohibition of engaging in agricultural marketing or acting as market player without registration Registration of persons engaged in agricultural marketing and market players Request for additional information Validity of certificate 278 No. 8 of 2026] Agricultural Marketing Change in details Display of certificate Transfer of certificate Suspension or cancellation of certificate - 15 Verify source ↗
Renewal of certificate
A certificate holder may apply to renew the certificate three months before expiry, and must use the prescribed manner and pay the prescribed fee.
15. A holder of a certificate issued under this Part may, three months before the expiry of the certificate apply for renewal of the certificate, in a prescribed manner and for on payment of a prescribed fee. (2) The Council shall, within thirty days of receipt of an application under subsection (1), grant or reject the application. (3) The Council shall, where the Council rejects an application referred to under subsection (1), inform the applicant in a prescribed form, stating the reasons for the rejection. (4) The Council shall, where the applicant satisfies the prescribed requirements, issue the applicant with a renewed certificate in a prescribed form. (5) A certificate that is not renewed is void. - 16 Verify source ↗
Change in details
Registered persons in agricultural marketing, and registered market players, must tell the Council about any change in registration details within seven days.
16. A registered person engaged in agricultural marketing or a registered market player under this Act shall notify the Council of any change in the particulars relating to the registration, within seven days of the change. - 17 Verify source ↗
Display of certificate
A certificate holder must display the certificate in a conspicuous place at the place of business.
17. A holder of a certificate shall display the certificate in a conspicuous place at the place of business. - 18 Verify source ↗
Transfer of certificate
A certificate holder may not transfer a certificate to a third party unless the Council has approved it first.
18. (1) A holder of a certificate shall not transfer a certificate to a third party without the prior approval of the Council. (2) A holder of a certificate who intends to transfer a certificate shall apply to the Council for approval to transfer the certificate in a prescribed manner and form on payment of a prescribed fee. - 19 Verify source ↗
Suspension or cancellation of certificate
The Council may suspend or cancel a certificate for specified misconduct, but must give notice and reasons first. A cancelled certificate holder must surrender the certificate within 72 hours, and failing to do so is an offence.
19. (1) The Council may suspend or cancel a certificate if the holder— (a) contravenes a provision of this Act; (b) obtained the certificate through fraud, misrepresentation or concealment of a material fact; (c) has failed to comply with a term and condition of a certificate; or (d) is convicted of an offence under this Act or any other written law. (2) The Council shall, before cancelling a certificate in accordance with subsection (1), notify the holder of the certificate, in a prescribed form, of the Council’s intention to cancel the certificate and shall— (a) give reasons for the intended cancellation; and Agricultural Marketing [No. 8 of 2026 279 (b) require the holder of the certificate to show cause, within a period of not more than seventy two hours, why the certificate should not be cancelled. (3) The Council shall not cancel a certificate under this section if the holder shows cause to the satisfaction of the Council within the period referred to in subsection (2)(b) why the certificate should not be cancelled. (4) The Council shall in a prescribed form cancel the certificate if the holder, having been notified in accordance with subsection (2), does not show cause within the period referred to in subsection (2)(b) to the satisfaction of the Council why the certificate should not be cancelled. (5) A holder of a certificate that is cancelled shall, within seventy two hours of being notified of the cancellation, surrender the certificate to the Council. (6) A person who contravenes subsection (5) commits an offence. - 20 Verify source ↗
Obligations of registered persons enganged in agricultural
Registered persons engaged in agricultural marketing and registered market players must file annual returns, give the Council information it requires, and follow the Council’s code of conduct.
20. A registered person engaged in agricultural marketing and a registered market player shall— (a) submit annual returns to the Council as may be prescribed; (b) provide the Council with such information as the Council may require; and (c) comply with the code of conduct developed by the Council. PART V INTERVENTION MEASURES
Part
PART V
- 21 Verify source ↗
Declaration of agricultural product or class of agricultural
The Minister may declare an agricultural product or class of agricultural products for which a prescribed statutory intervention measure will apply.
21. (1) The Minister may, on the recommendation of the Council, by notice in the Gazette, declare an agricultural product or class of agricultural products to which a prescribed statutory intervention measure shall apply. (2) A declaration, made under subsection (1), shall— (a) specify the— (i) effective date of the declaration; (ii) agricultural product or class of agricultural product; (iii) intervention measures that applies to the declared agricultural product or class of agricultural product; and Obligations of registered persons engaged in agricultural marketing and registered market players Declaration of agricultural product or class of agricultural product 280 No. 8 of 2026] Agricultural Marketing (iv) conditions for review or revocation of the declaration; and (b) be based on market data and the input of registered persons engaged in agricultural marketing and registered market players. Intervention measures - 22 Verify source ↗
Intervention measures
The Minister may prescribe an intervention measure for agricultural products, but only on the Council’s recommendation and subject to section 23.
22. (1) Subject to section 23, the Minister may, on the recommendation of the Council, prescribe an intervention measure relating to an agricultural product or class of agricultural products. (2) The Council shall, in making the recommendation under subsection (1), ensure that the intervention measure is— (a) necessary and consistent with national economic and agricultural policy objectives; (b) competitive and does not restrict market entry; (c) inclusive of small-scale farmers, women and the youth; (d) evidence based, cost effective and transparently implemented and enforced; and (e) consistent with other written laws and the Republic’s international obligations. (3) A recommendation made under subsection (1) shall be accompanied by a report on the rationale for the intervention measure which shall include— (a) an analysis of the costs and benefits of the intervention; and (b) a monitoring and review plan. (4) An intervention measure prescribed under subsection (1) shall directly or significantly advance one or more of the following objectives: (a) promote equitable participation of small scale farmers, women and youth in agricultural markets; (b) safeguard fair competition in agricultural markets; (c) facilitate key market linkages in the marketing system so as to exploit economies of scale; (d) inform decisions on export and import policy for agricultural products; (e) facilitate the development of competitive and efficient marketing infrastructure and communication systems; Agricultural Marketing [No. 8 of 2026 281 (f) promote sustainable climate-resilient practices; (g) enhance the provision of information and data on prices, buyers and suppliers of agricultural products; (h) positively impact supply and demand of agricultural products; (i) facilitate communication between suppliers, buyers and service providers; and (j) align marketing measures with international trade and food security frameworks. (5) A statutory intervention measure shall state— (a) the period for which the statutory intervention measure will remain in force; (b) an agricultural product or class of agricultural products declared under section 21 to which the statutory intervention measure applies; (c) the purpose for the statutory intervention measure; and (d) any other details that the Minister may determine. (6) The Minister shall, within fourteen days of receipt of a recommendation under subsection (1)— (a) accept the recommendation; (b) refer it back to the Council for further investigation or analysis; or (c) reject the recommendation, stating the reasons for the rejection. (7) The Minister may, by statutory instrument, designate one or more institutions to monitor the implementation of a statutory intervention measure prescribed under this section. (8) The designated institution referred to under subsection (7) shall submit a monitoring report to the Minister, containing information, and at intervals, that the Council may determine. - 23 Verify source ↗
Consultations
The Council must consult registered persons and market players, publish a draft intervention measure for public comment at least seven days before consultations, and set up feedback mechanisms.
23. (1) The Council shall, for purposes of section 22, conduct consultations with registered persons engaged in agricultural marketing and registered market players. Consultations (2) The Council shall, for purposes of subsection (1), publish in the newspaper of general circulation in the Republic or the Gazette and on the website of the Ministries responsible for agriculture and trade, a draft of the statutory intervention measure and its rationale, for public comment, at least seven days before the commencement of the consultations. 282 No. 8 of 2026] Agricultural Marketing (3) The Council shall establish mechanisms for feedback from registered persons engaged in agricultural marketing and registered market players. Import and export regulations Cap. 421 - 24 Verify source ↗
Import and export regulations
The Minister must issue import and export regulations for declared agricultural products in specified situations, and those regulations must meet publication, review, and trade-neutrality requirements.
24. (1) Subject to the Control of Goods Act, the Minister shall, on the recommendation of the Council and in consultation with the Minister responsible for trade, by statutory instrument, issue import and export regulations, on a declared agricultural product or declared class of agricultural products— Cap. 1 Cap. 132 Cap. 198 (a) to address or mitigate a food safety risk or threat to public health; (b) to comply with binding international trade obligations or sanctions; (c) under a state of emergency, when declared in accordance with the Constitution, the Water Resources Management Act or the Disaster Management Act; or (d) to ensure national food security, during periods of compelling evidence of shortages of an agricultural product or class of agricultural product. (2) The Regulations issued in accordance with subsection (1) shall— (a) specify the duration and conditions for review of the Regulations; (b) state reasons and criteria used to justify the regulations; and (c) be published in a newspaper general circulation in the Republic. (3) The import or export Regulations issued in accordance with this section, shall be proportionate, non discriminatory and not constitute a disguised restriction on domestic or international trade. PART VI INSPECTORATE Inspectors
Part
PART VI
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Inspectors
The Council must appoint qualified inspectors and give each inspector an identification card. Inspectors must carry the card while performing functions under the Act and show it on request or during an investigation.
25. (1) The Council shall appoint suitably qualified persons as inspectors to ensure compliance with this Act. (2) The Council shall provide an inspector with an identification card which shall be prima facie evidence of the inspector’s appointment as inspector. (3) An inspector shall, in performing a function under this Act — Agricultural Marketing [No. 8 of 2026 283 (a) be in possession of the identification card referred to in subsection (2); and (b) show the identification card to a person who requests to see the identification card or is the subject of an investigation under this Act. - 26 Verify source ↗
Powers of inspectors
Inspectors may enter and inspect premises with a warrant, and people who obstruct or mislead inspectors commit an offence.
26. (1) An inspector may, for the purpose of enforcing the provisions of this Act, at any reasonable time, without prior notice, and on the authority of a warrant, enter any premises that the inspector has reasonable grounds to believe is used for the commission of an offence or contrary to the provisions of this Act, and— Powers of inspectors (a) search the premises; (b) search any person on the premises if the inspector has reasonable grounds to believe that the person has possession of an article, document or record that has a bearing on an inspection or investigation, except that a person shall only be searched by a person of the same sex; (c) take extracts from, or make copies of, any book, document or record that is on the premises and that has a bearing on an inspection or investigation; (d) demand the production of, and inspect, relevant certificates; and (e) make inquiries necessary to ascertain whether the provisions of this Act or any other written law on which an inspection or investigation is based, have been complied with. (2) 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. (3) An inspector who removes anything from any premises shall— (a) issue a receipt for anything removed to the owner or the person in control of the premises; and (b) return anything removed as soon as practicable after the thing removed has served the purpose for which it was removed. 284 No. 8 of 2026] Agricultural Marketing (4) A person commits an offence if that person— (a) 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 purpose of performing the inspector’s functions; (c) impersonates an inspector or presents oneself to be an inspector; or (d) wilfully gives an inspector false or misleading information in answer to an inquiry made by the inspector. (5) A person convicted of an offence under subsection (4) 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. (6) An inspector shall furnish the Council with a written report and any other information relating to an inspection. PART VII GENERAL PROVISIONS Traceability and digital systems
Part
PART VII
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Traceability and digital systems
The Council must require certain registered agricultural actors to keep traceability systems for all declared products, following the prescribed minimum standards.
27. The Council shall require a registered person engaged in agricultural marketing and a registered market player under this Act to maintain traceability systems for all declared products in accordance with the prescribed minimum traceability standards. Research and development - 28 Verify source ↗
Research and development
The Council may work with other agencies and designated institutions to do research and development on modern IT and communications for agricultural marketing, and on marketing infrastructure.
28. The Council may, in collaboration with other regulatory agencies and designated institutions, undertake research and development relating to— (a) modern information technology and communication systems for purposes of improving, strengthening and facilitating agricultural marketing; and (b) marketing infrastructure. Register - 29 Verify source ↗
Register
The Council must keep a register, and the Executive Director must hold it and may issue certified extracts. The public may inspect the register during normal office hours for a prescribed fee.
29. (1) The Council shall keep and maintain a register of— (a) registered persons engaged in agricultural marketing and registered market players; (b) certificates issued, suspended or cancelled; (c) agricultural products or class of agricultural products declared under section 21; (d) statutory intervention measures applying to declared agricultural products or class of declared agricultural products; Agricultural Marketing [No. 8 of 2026 285 (e) designated institutions; and (f) any other information that the Council may determine. (2) The register shall be kept in the custody of the Executive Director and shall be open for inspection by members of the public during normal office hours, on payment of a prescribed fee. (3) The Executive Director may, on an application by any person, issue to the person a certified extract from the register, on payment of a prescribed fee. (4) A document purporting to be an extract of an entry in the register and certified under the hand of the Director shall be received in evidence, as to the matters stated in the extract, in any legal proceedings. (5) Subject to this Act, a copy of the last printed register shall be prima facie evidence in legal proceedings of what is contained in that Register. - 30 Verify source ↗
Appeals
A person aggrieved by a Council decision may appeal to the Minister within 30 days, and a person aggrieved by a Minister decision may appeal to the High Court.
30. (1) A person aggrieved with a decision of the Council may appeal to the Minister within thirty days of receipt of the decision. Appeals (2) A person aggrieved with a decision of the Minister may appeal to the High Court. - 31 Verify source ↗
General offences
A person commits an offence if they breach the Act, fail to provide required information or documents without reasonable excuse, give false or misleading information, obstruct a Council employee, or ignore a lawful order, regulation notice, or request under the Act.
31. (1) A person commits an offence if the person— (a) contravenes any provision of this Act; General offences (b) refuses or fails, without reasonable excuse, to furnish information or a document required under this Act; (c) knowingly furnishes false or misleading information to the Council, the Unit or an employee of the Council; (d) obstructs an employee of the Council in the performance of the functions under this Act; or (e) fails to comply with a lawful order, regulation notice or request made under this Act. - 32 Verify source ↗
General penalty
A person who breaks an Act provision with no specific penalty faces a general penalty on conviction.
32. A person who contravenes a provision of this Act for which a specific penalty is not provided, 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. General penalty - 33 Verify source ↗
Offence by body corporate or unincorporate body
If a company or unincorporated body commits an offence with the knowledge, consent, or connivance of certain officers or members, those people commit the same offence and face the penalty set for it.
33. 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, Offence by body corporate or unincorporate body 286 No. 8 of 2026] Agricultural Marketing shareholder or partner commits the same offence as the body corporate or unincorporate body and is liable, on conviction, to the penalty specified for that offence under this Act. Administrative penalty - 34 Verify source ↗
Administrative penalty
The Council may impose an administrative penalty for a non-offence breach of the Act, and the penalty must be paid to the Council within the period set by the Minister.
34. (1) The Council may impose an administrative penalty on a person for a failure to comply with a provision of this Act which is not an offence. (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 Council within the period prescribed by the Minister. (4) The Council may, where a person fails to pay an administrative penalty within the stipulated period under subsection (3), 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 council. - 35 Verify source ↗
Immunity
No action or proceeding may be brought against specified Board, committee, or Council staff members for acts or omissions done in good faith while exercising powers or performing functions under the Act.
35. An action or other proceeding shall not lie or be instituted against a member of the Board, a member of a committee of the Board and a member of staff of the Council for, or in respect of, an act or thing done or omitted to be done in good faith in the exercise or performance of a power or function conferred under this Act. Immunity Guidelines - 36 Verify source ↗
Guidelines
The Council may issue necessary guidelines under the Act, must publish them in a daily newspaper and the Gazette, and the guidelines bind regulated persons.
36. (1) The Council may, in the exercise of the Council’s functions under this Act, issue guidelines as are necessary for the better carrying out of the provisions of this Act. (2) The Council shall publish the guidelines issued under this Act in a daily newspaper of general circulation in the Republic and in the Gazette, and the guidelines shall take effect on the date of publication. (3) The guidelines issued by the Council under this Act shall bind the persons regulated under this Act. Regulations - 37 Verify source ↗
Regulations
The Minister may make regulations, on the Council’s recommendation, to carry out this Act.
37. (1) The Minister may, on the recommendation of the Council, make Regulations for the better carrying out of the provisions of this Act. (2) Despite subsection (1), the Regulations made under that subsection may provide for— (a) the procedure and manner of applications and the fees payable under this Act; (b) form of registers; Agricultural Marketing [No. 8 of 2026 287 (c) criteria for exemption from registration under this Act; (d) classification of persons engaged in agricultural marketing or market players to be registered under this Act; (e) manner and form of reports; (f) procedures for appeals; (g) the manner and form of records required to be submitted under this Act; (h) requirements for traceability systems for a declared agricultural product or class of agricultural product; (i) operation of market information systems; and (j) marketing system requirements. 288 No. 8 of 2026] Agricultural Marketing SCHEDULE (Section 3(2) and 4(5)) PART I ADMINISTRATION OF COUNCIL Seal of Council
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Agricultural Marketing Act, 2026
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