ARRANGEMENT OF SECTIONS

PART I
Preliminary

SECTION

1.        Short title

2.        Interpretation

3.        Appointment of inspectors

PART II
Testing of Seeds

4.        Establishment of seed-testing stations

5.        Appointment of seed-testers

PART III
Control of the Export, Sale and Use of Seeds

6.        Control of export, etc. of seeds

7.        Prohibition of dealings in seeds containing noxious weed seeds

8.        Control of sale of Government-tested seeds

9.        Control of sale of Government-certified seeds

PART IV
Certificates

10.        Conditions under which statements and certificates are to be issued

PART V
Registered Seed Growers

11.        Registration of seed growers

12.        Power of entry upon land

PART VI
General Powers of Inspectors and Miscellaneous Provisions

13.        Powers of inspection and taking of samples

14.        Purchaser to furnish name of vendor of seeds

15.        Immunity from liability

16.        Report to be conclusive evidence

17.        Presumption regarding certificates

PART VII
Regulations

18.        Regulations

PART VIII
Offences and Penalties

19.        Offences and penalties

Act 29, 1976.

An Act to make better provision for the testing, and for the control of the sale, export and use of seeds.

[Date of Commencement: 20th August, 1976]

1.       Short title

            This Act may be cited as the Seeds Certification Act.

2.       Interpretation

            (1) In this Act, unless the context otherwise requires-

            "Government-certified seeds" means seeds in respect of which a certificate has been issued under section 9;

            "Government-tested seeds" means seeds in respect of which a certificate has been issued under section 8;

            "impurities" means all matter other than seeds of the kind of which the parcel purports to consist, and includes-

     (a)     any seeds of the kind of which the parcel purports to consist which are sprouted, shrivelled, cracked, insect damaged, diseased or otherwise injured;

     (b)     broken seeds of the kind of which the parcel purports to consist, so far as they are incapable of germinating;

     (c)     all seeds or portions of seeds other than those of which the parcel purports to consist, whether they are those of weeds, harmless plants or other cultivated plants; and

     (d)     inert matter, being seedlike structures from either crop, or weed plants, and other matter as follows-

           (i)       seedlike structures from crop plants, namely, all pieces of seeds not exceeding one-half of the original size of the whole seed, including similarly sized pieces of broken, sprouted, shrivelled, cracked, insect damaged, diseased or otherwise injured seeds; seeds or pieces of seeds of legumes and crucifers with seed coats entirely removed; single glumes, single pales, empty glumes and sterile florets of grasses; and, in the case of mangold or beet seed, clusters wholly devoid of seed and all material which passes through a sieve having circular holes of 2.5 mm diameter;

          (ii)       seedlike structures from weed plants, namely, seeds of legumes and cruficers with the seed coats entirely removed and single glumes, single pales, empty glumes and sterile florets of grasses;

          (iii)       other matter, including soil, sand, grit and stones; fragments of roots, stem, leaves and flowers, chaff broken cones, scales and seed wings, excreta, ergot and other fungus sclerotia, spore masses of smut and bunt, nematode galls;

            "inspector" means any person appointed as an inspector under section 3;

            "noxious weeds" means weeds declared to be noxious weeds under the Noxious Weeds Act;

            "official seed-tester" means any person appointed as a seed-tester under section 5;

            "owner", in relation to any seeds, includes any person having for the time being the possession thereof;

            "packet" means any sealed container of seeds the contents of which are of 2 kg or less;

            "percentage of germination" means the percentage by number of pure seed which germinate to produce normal seedlings during a germination test;

            "percentage of purity" means the percentage by weight of pure seed contained in any parcel;

            "purity" means analytical purity, and "pure seed" means the seed of which the parcel purports to consist after the impurities have been eliminated; but, in the case of those species, varieties, stocks or strains of plants the seeds of which cannot be distinguished from one another by expert macroscopic examination, the use of the term "purity" does not imply that the seed is genuine or true to name;

            "registered seed grower" means any person for the time being registered under this Act as a seed grower of the crop or crops in respect of which he is so registered;

            "seeds" means the parts of plants, customarily referred to as seeds, intended for planting, and includes seed potatoes;

            "seed-testing station" means a seed-testing station established under section 4.

            (2) Seeds shall not be deemed to contain noxious weed seeds for the purposes of this Act unless more than the prescribed percentage of noxious weed seeds are so contained.

3.       Appointment of inspectors

            The Minister may appoint any person to be an inspector for the purposes of this Act.