6.       Control of export, etc., of seeds

            Any person who exports any agricultural or garden seeds,other than Government-certified or Government-tested seeds, except with the permission in writing of the Minister, shall be guilty of an offence.

7.       Prohibition of dealings in seeds containing noxious weed seeds

            (1) Except as provided in this section, no person shall sell,or expose, offer or advertise for sale, or deliver, or buy, any seeds which contain any noxious weed seeds:

            Provided that the provisions of this subsection shall not apply to the sale or delivery of seeds which have been grown in Botswana to a person purporting to purchase them with a view to cleaning them before they are sold or exposed for sale, and who, at the time of the sale or delivery, whichever is the earlier, gives to the seller or owner of the seeds an undertaking in writing that he will clean the same before selling them or exposing, offering or advertising them for sale.

            (2) Any person cleaning seeds shall dispose, to the satisfaction of the Minister, of any noxious weed seeds removed during the process of cleaning.

            (3) Subject to the provisions of subsections (4) and (5), any person who contravenes the provisions of subsection (1) or (2) shall be guilty of an offence.

            (4) Notwithstanding the provisions of subsection (1), seeds which have grown in Botswana and which contain any noxious weed seeds may, under a permit issued by the Minister, be sold, or exposed, offered or advertised for sale, or delivered or bought for purposes other than sowing.

            (5) The Minister may in his discretion refuse to issue such a permit, or may issue such a permit subject to such conditions as he may think fit to impose.

8.       Control of sale of Government- tested seeds

            (1) No person shall sell any seeds as Government-tested seeds, or any seeds purporting to be Government-tested seeds, or any seeds bearing any label or mark indicating or implying that such seeds are Government-tested seeds, unless-

     (a)     a sample of the seeds, taken in the prescribed manner, has been tested at a seed-testing station;

     (b)     a certificate in the prescribed form, containing the prescribed particulars in respect of purity and germination of the seeds, has been issued to the seller; and

     (c)     a copy of such certificate is delivered by the seller to the purchaser on or before any sale or, if the seeds are not delivered at the time of sale, on or before delivery thereof; or in the case of a packet of seeds, such packet is distinctly marked in the prescribed manner to the effect that the contents thereof conform with the provisions of this section.

            (2) No person shall expose any seeds for sale as Government-tested seeds, unless the seeds so exposed for sale are Government-tested seeds, and such certificate as is referred to in subsection (1)(b) is displayed conspicuously on or in close proximity to such seeds.

            (3) No person shall offer or advertise any seeds for sale as Government-tested seeds unless the seeds so offered or advertised for sale are Government-tested seeds.

            (4) Any person who contravenes the provisions of subsection (1), (2) or (3) shall be guilty of an offence.

9.       Control of sale of Government-certified seeds

            (1) No person shall sell any seeds as Government-certified seeds, or any seeds purporting to be Government-certified seeds, or any seeds bearing any label or mark indicating or implying that such seeds are Government-certified seeds, unless-

     (a)     the crop from which the seeds were obtained was inspected in the field by an inspector;

     (b)     a sample of the seeds, taken in the prescribed manner, has been tested at a seed-testing station;

     (c)     a certificate in the prescribed form and containing the prescribed particulars in respect of the variety, trueness to variety, purity and germination of the seeds has been issued to the seller; and

     (d)     a copy of such certificate is delivered by the seller to the purchaser on or before any sale or, if the seeds are not delivered at the time of sale, on or before the delivery thereof; or in the case of a packet of seeds, such packet is distinctly marked in the prescribed manner to the effect that the contents thereof conform with the provisions of this section.

            (2) No person shall expose any seeds for sale as Government-certified seeds unless the seeds so exposed for sale as Government-certified seeds and such a certificate as is referred to in subsection (1)(c) is displayed conspicuously on or in close proximity to the seeds.

            (3) No person shall offer or advertise any seeds for sale as Government-certified seeds unless the seeds so offered or advertised for sale are Government-certified seeds.

            (4) Any person who contravenes the provisions of subsection (1), (2) or (3) shall be guilty of an offence.