Ministry of Justice and Constitutional Affairs

Ref No.: D. 67:06

Draft: Seed Bill, 2019
Subject to change
Author: Isaac Chiundira/Maggie Munthali
Date:20th December, 2018

SEED BILL, 2019

MEMORANDUM

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 SEED BILL, 2019

ARRANGEMENT OF SECTIONS

PART I - PRELIMINARY

SECTION

1. Short title
2. Interpretation
3. Application

PART II – NATIONAL SEED COMMISSION

4. Establishment of the National Seed Commission

5. Membership of the Commission
6. Functions of the Commission
7. Tenure of office
8. Vacancies
9. Committees of the Commission
10. Allowances and expenses
11. Independence of the Commission
12. Powers of the Commission
13. Approval of plans and strategies
14. Meetings
15. Personal attendance of meetings
16. Disclosure of interest
17. Oath of secrecy
18. Protection from liability
19. Secretariat
20. Director General
21. Functions of the Secretariat
22. Registers

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 PART III – NATIONAL VARIETY RELEASE COMMITTEE
23. National Variety Release Committee
24. Functions of the NVRC
25. Composition of the NVRC
26. Variety Catalogue
27. Recognition of varieties
28. Withdrawal of a variety

PART IV - CERTIFICATION OF SEED

29. Certification of Seed
30. Varieties for Certified Seed Production
31. Registration of seed producers
32. Application for Registration
33. Register of Seed Producers
34. Cancellation of registration of registered seed producers
35. Notification for refusal to register or for cancellation
36. Review of the decision of the Director General
37. Establishment of certification scheme
38. Provisions of certification scheme
39. Certification of seed
40. Certified seed
41. Production of certificate on sale of certified seed
42. Certification of imported seed
43. Duties of seller of certified seed
44. Prohibition against sale of uncertified seed
45. Prohibition against sale of certified seed without a certificate
46. Disposal of sub-standard prescribed seed

PART V- SEED INSPECTION

47. Seed inspectors
48. Accreditation of seed inspectors
49. Powers to take samples of seed
50. Powers to search premises and seize certain goods
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51. Prohibition against obstruction, etc., of seed inspectors

PART VI - SEED TESTING

52. Establishment and authorization of seed-testing laboratories
53. Authorization of seed analysts
54. Registers of official seed analysts and seed testing laboratories
55. Prohibition against testing of prescribed seed except in seed testing laboratories
56. Delivery of samples for official seed-testing
57. Reports to be in forms prescribed

PART VII - REGISTRATION OF SEED PROCESSORS AND SEED SELLERS

58. Registration of seed processors
59. Registration of seed sellers
60. Registering officer
61. Application for registration
62. Renewal of registration
63. Non-renewal of registration
64. Appeal to the Minister
65. Use of variety names

PART VIII - IMPORT AND EXPORT OF SEED

66. Restriction on importation and exportation of seed
67. Seed imports, exports or sale to be registered
68. Conditions for importation of prescribed seed
69. Testing of imported prescribed seed
70. Importation of trade samples
71. Court may order forfeiture and disposal of illicit prescribed seed

PART IX - OFFENCES AND PENALTIES

72. Prohibition against tampering with samples and seed lots
73. Prohibition against altering, defacing or removing official records, etc
74. Prohibition against altering, etc., documents and marks
75. Secrecy
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76. Prohibition against sale of untested seed
77. Prohibition against sale of fake or sub-standard prescribed seed
78. Prohibition against sale of prescribed seed under name other than varietal name
79. Penalties

PART X - FUND
80. Fund
81. Administration of the Fund
82. Objectives of the Fund
83. Holding of the Fund
84. Books and other records of accounts and audit and reports of accounts
85. Financial year

PART XI – MISCELLANEOUS PROVISIONS

86. Inspection of registers
87. Regulations
88. Repeal and savings

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 A BILL
entitled

An Act to provide for the regulation and control of production, processing, sale, importation,
exportation and testing of seed, and further to provide for the certification of seed, regulation of release
and maintenance of seed varieties and for matters incidental to or connected therewith.

ENACTED by the Parliament of Malawi as follows-

PART I - PRELIMINARY

Short title and

commencement 1. This Act may be cited as the Seed Act, 2019 and shall come into
operation on a date to be appointed by the Minister, by a notice published in the
Gazette.

Interpretation
2. In this Act, unless the context otherwise requires –

“advertisement” includes any statement, picture, design or device-

(a) published in any newspaper or other publication in
general circulation to the public; or
(b) contained in any handbill, circular or other matter which is
distributed to members of the public through the post or
brought to the notice of the public in any other manner;

“certificate of accreditation” means a certificate issued by the Minister to

a seed inspector pursuant to section 47;

“certified seed” means any prescribed seed which is certified under the
provisions of Part IV;

“Chairperson” means the Chairperson of the Commission appointed

under section 5(2);

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 “COMESA” means the Common Market for Eastern and Southern
Africa;

“Commission” means National Seed Commission established under

section 4;

“container” includes a bag, barrel, case, tin, package or any other

container in which seed is placed or packed;

“contract of sale” includes an agreement to sell;

“Director General” means an officer of the Commission appointed in

accordance with section 20;

“DNA” means deoxyribonucleic acid, a carrier of genetic information;

“DUS” means distinctiveness, uniformity and stability characteristics of a

plant variety;

“farmer” means any person who cultivates crops, trees, shrubs and
pastures either by cultivating the land himself or through any other
person and includes any individual, company, trader or dealer who
engages in the procurement and sale of seed on a commercial basis;

“Fund” means the Seed Fund established under section 80;

“genetically modified organism or GMO” has the meaning ascribed to

Cap. 60:03
that term in the Bio-safety Act;

“Imported certified seed” means any prescribed seed certified in the

country of its origin imported by a registered seed importer and certified
as Imported Certified Seed under the provisions of Part IV;

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“label” includes any legend, work, mark, symbol or design applied or
attached to, or accompanying, any seed or package of seed;

“Malawi Certified Seed” means any prescribed seed produced in Malawi

and certified as such under the provisions of Part IV;

“National Variety Catalogue” means a catalogue containing a list of

varieties registered in accordance with section 26;

“NVRC” means the National Variety Release Committee established

pursuant to section 23;

“owner”, in relation to any seed, includes any person having for the time
being the possession, custody or control of seed;

“purity” means analytical purity expressed as a percentage by weight;

“Quality Declared Seed” means a seed system in which ten percent of the
seed produced and distributed is checked by the Commission;

“registered seed seller” means any seed seller registered under section 59;

“RNA” means ribonucleic acid, a carrier of genetic information;

“restricted seed” means any seed variety that is not recognized under this
Act;

“SADC” means the Southern African Development Community;

“seed analyst” means any person authorized as an official seed analyst or

as an authorized seed analyst in accordance with section 53;

“seed” means a botanical structure that contains at least one ripened

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 ovule with or without accessory parts and includes any plant or plant part
used as propagation materials such as fruit, root, rhizomes, corm, stem,
sprout, tree seedling and leaf capable of regenerating crops, trees, shrubs
and pastures that is true to its type;

“seed exporter” means any person who, either exclusively, or in

conjunction with any other trade or business, exports seed outside
Malawi;

“seed importer” means any person who, either exclusively, or in

conjunction with any other trade or business, imports seed into Malawi
for resale;

“seed inspector” means any person appointed as an official seed inspector

or as an authorized seed inspector under section 47;

“seed processor” means any person engaged in the processes by which

seeds are dried, threshed, shelled, ginned or delinted in cotton, cleaned,
graded, treated and packaged;

“seed producer” means any person who, either exclusively or in

conjunction with any other trade or business, produces seed for sale;

“seed seller” means any person who, either exclusively or in conjunction

with any other trade of business, sells seed for sowing;

“seed-testing laboratory” means any premises, suitably equipped for the

purpose, where seed is tested for its purity and germination capacity;

“sell” includes to exchange, barter or to offer, advertise, keep, expose,

transmit, convey, deliver or prepare for sale or exchange or to dispose of

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 for any consideration whatsoever or to transmit, convey or deliver for or
in pursuance of a sale, exchange or barter;

“transgenic variety” means seed developed by modifying or altering the

genetic composition by means of genetic engineering through
recombinant DNA and RNA technologies, also referred to as GMO;

“variety” means a plant grouping except micro-organism within a single

botanical taxon of the lowest known rank, which can be-
(a) defined by the expression of the characteristics resulting
from a given genotype of that plant grouping;
(b) distinguished from any other plant grouping by expression of
at least one of the said characteristics; and
(c) considered as a unit with regard to its suitability for being
propagated, which remains unchanged after such
propagation; and

“VCU” means value for cultivation and use.

Application 3.- (1) This Act shall apply to a variety of seed that is registered in-
(a) the National Variety Catalogue;
(b) a regional variety catalogue where Malawi is a member;
or
(c) any other country or region other than the ones referred to
in paragraph (a) or (b).

(2) The provisions of this Act shall not apply to-

(a) any sale of prescribed seed, which is not Malawi Certified
Seed and which has been produced by a seed producer on
his own land and is bartered or exchanged by him-
(i) for sowing by a farmer or a farming community,
or for purposes of seed exchange;

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 (ii) to a seed cleaner in order that it may be cleaned
before being sold for sowing, as long as it is sold
in a container or containers, upon which, or upon
the label or labels attached to which, appears
clearly and legibly the words “for cleaning
purposes only”; or
(iii) for use as food or as farm feed or for industrial
purposes; and
(b) any sale of prescribed seed, which is not certified seed, by
or to a person exempted from the provisions of this Act by an
order made by the Director General under section 68.

PART II – NATIONAL SEED COMMISSION

Establishment of 4.- (1) There is hereby established a Commission to be known as the

National Seed
Commission National Seed Commission, which shall —

(a) be a body corporate by that name, having perpetual

succession and a common seal; and

(b) subject to the provisions of this Act, be capable of doing or

performing all such acts or things as bodies corporate may by
law do or perform.

(2) Subject to the provisions of this Act, the Commission shall be a

responsible for seed certification and quality control, and the regulation of seed
variety release, and other seed related matters.

Membership of the 5. — (1) The Commission shall consist of the following members, who are
Commission well versed in seed industry, appointed by the President-

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 (a) one person nominated by, and representing, seed
companies;

(b) one person nominated by, and representing, farmer

organizations;

(c) one person nominated by, and representing, public

universities offering agricultural programmes;

(d) the Secretary responsible for Agriculture or his

designated representative;

(e) the Secretary responsible for Forestry or his

designated representative;

(f) a representative from the Department of

Agricultural Research Services; and

(g) a representative from the National Commission for

Science and Technology.

(2) The President shall appoint the Chairperson of the Commission

from the members appointed under subsection (1).

(3) The members of the Commission shall, at their first meeting, elect
a Vice-Chairperson from amongst their number.

(4) In the absence of the Chairperson and the Vice-Chairperson, the

members of the Commission present shall elect a person from their
number to preside over the meeting.

(5) A member of the Commission whose period has expired may be

eligible for re-appointment for a further term.

(6) The quorum for any meeting shall be by a simple majority of

votes of the members present.

(7) A decision on any matter before the Commission shall be taken

by a simple majority of the votes of the members present.

(8) In the case of an equality of the votes, the person presiding over a
meeting shall have a casting vote.

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 (9) The Commission shall determine its own procedures for
meetings.

Functions of the
Commission 6. The functions of the Commission shall be to-
(a) advise the Government and other stakeholders on
all seed matters in order to ensure that high quality
seeds or propagating plant materials of improved
varieties of crops are produced and made available
to the farming community;

(b) create awareness at the political and other levels of

society and thereby obtain their commitment
towards the value of seed certification and quality
control measures as integral parts of national
agricultural development strategies;
(c) establish mechanisms to solicit support from the
executive and legislative branches of Government,
policy-makers and the private sector in order to
promote the formulation and revision of policies,
strategies, laws and regulations for seed
certification and quality control and the monitoring
of the implementation of seed certification and
quality control development activities;
(d) source funding from within and outside Malawi to
finance the Commission and its development
efforts and allocate the funds to seed industry
activities based on set priorities;
(e) chart out national direction and establish national
priorities in variety release, seed certification and
quality control development in relation to socio-
economic development needs;

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(f) appraise, review, monitor and evaluate priority
seed certification and quality control programmes,
plans and projects of research and development
institutions and undertake independently or in
collaboration with any appropriate person, body or
institution surveys and research investigations
considered necessary;
(g) promote and advocate for the development of seed
certification and quality control human resources
by building capacity in seed science and
technology education and training programmes
and providing assistance in the development of
appropriate seed science and technology curricula
of the various levels of the education systems;
(h) create a conducive working environment for seed
certification and quality control personnel in order
to retain them through, inter alia, providing
appropriate variety release, seed certification and
quality control infrastructures and facilities;
(i) encourage the use of local expertise in seed science
and technology matters through use of a set of
professional standards, ethics and guidelines and
support professional seed science and technology
associations;
(j) encourage the establishment and promote the
coordination of research institutions that undertake
research and development activities which
promote national socio-economic development and
other specialized research and development
activities in a manner that enhances corporation
and collaboration among national and international
seed certification and quality control personnel and
institutions;
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 (k) promote and monitor seed fairs, open-days and any
other similar events so as to promote national use
of certified seed of improved crop varieties
awareness and culture, documentation,
consolidation and dissemination of relevant seed
science and technology information and generally
promote the role of information technology;
(l) promote sustainable socio-economic development
through the general application of environmental
friendly technologies so as to protect and conserve
natural resources in seed production;
(m) develop and synthesize seed science and
technology indicators covering such aspects as
research and development statistics, human
resources and innovation data using internationally
accepted procedures and standards;
(n) conduct an inquiry into any matter being
investigated by the Commission;
(o) sponsor such national and international seed
conferences as it may consider appropriate;
(p) promote and maintain cooperation in seed science
and technology with similar bodies in other
countries and with international bodies connected
with seed science and technology;
(q) prepare, every two years, a state of Seed
Certification and Quality Control Report for
presentation to the National Assembly; and
(r) perform any other function or activity related to
seed certification and quality control.

Tenure of office
7.- (1) A member of the Commission, other than an ex-officio
member shall hold office for a period of five years and shall be eligible for
re-appointment for a further and final term of five years.
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 (2) When making an appointment after an expiry of five years, the
President shall have regard to the need for continuity in the membership
of the Commission, that at least one of the appointed members shall be re-
appointed for the next term of office.

Vacancies 8.- (1) A vacancy in the office of a member of the Commission shall
occur if the member-
(a) dies;
(b) is adjudged or declared bankrupt;
(c) is convicted and sentenced for an offence against any
written law to a term of imprisonment without the option
of a fine;
(d) fails without good and justifiable reasons, to attend
three consecutive meetings of the Commission of which
he had notice;
(e) is certified by a medical practitioner to be
incapacitated by reason of physical or mental disability;
(f) resigns in accordance with subsection (2);
(g) is removed by the President in accordance with
subsection (3); or
(h) if the situation arises that if the person was not
appointed, would have disqualified him from being
appointed as a member of the Commission, other than an
ex officio member, may at any time resign his office by
giving one month written notice to the Chairperson, who
shall then forward the resignation to the Minister.
(3) The President may remove any member of the
Commission, except an ex-officio member, on any of the following
grounds-
(a) misconduct or misbehavior that brings the Commission
into disrepute;
(b) incompetence in the execution of the functions of the
office of the Commission; or
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 (c) in circumstances where the member is compromised to
the extent that his ability to impartially and effectively
exercise the duties of his office is seriously in question:
Provided that before that member is removed from
office, he shall be given an opportunity of being heard.

(4) A vacancy in the membership of the Commission shall be

filled by the appointment of a new member by the President in
accordance with section 5.
(5) A person appointed to fill a vacancy shall serve for the
reminder of the term of office but no person may be appointed to
fill a vacancy of the remainder of a term of office where the
remainder of the term is less than six months.
(6) The period served by a person appointed under subsection
(4) shall not be regarded as a term for the purposes of section 7
(1).
(7) Subject to section 14(4), a vacancy in the membership of
the Commission shall not affect its decisions, the performance of
its functions or the exercise of its powers under this Act or any
other written law.

Committees of the 9.- (1) For the better carrying into effect of its functions and
Commission
responsibilities, the Commission may establish such number of
committees, as may be considered necessary to perform its functions and
responsibilities under this Act.

(2) A committee may consist of either members of the

Commission only or members of the Commission and other suitably
qualified invited persons, other than members of staff of the Commission,
as the Commission may deem fit.
(3) The Commission shall appoint the chairperson of each
committee from only amongst the members of the Commission.

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 (4) The provisions of this Act relating to the meetings of members
of the Commission shall apply, mutatis mutandis, to the meetings of its
committees.
(5) Every committee shall act in accordance with any directions
given to it, in writing, by the Commission.

Allowances and 10.- (1) The members of the Commission and of any of its committees
expenses
shall be paid sitting and other allowances as the Minister responsible for
Finance may determine.

(2) The Commission may make provisions for the reimbursement

of any reasonable expenses incurred by a member of the Commission or
a member of a committee or a person invited under section 9(2) in
connection with the business of the Commission or a committee.

Independence of the 11. Every member of the Commission, member of a committee of the
Commission
Commission, or a person invited under section 9(2) or member of staff of
the Commission and every member of the committee shall perform the
functions and exercise the powers provided for in this Act independent of
the direction, undue influence or interference of any-
(a) public office;
(b) organ of the Government;
(c) political party; or
(d) person whosoever or organization whatsoever:
Provided that solely for purposes of accountability, the
Commission shall be answerable, and report bi-annually and directly to
the Minister, and present such reports to the National Assembly on the
overall fulfilment of the functions and powers of the Commission.

Powers of the
Commission 12. The Commission shall, in the discharge of its functions, have
power to-
(a) engage persons of suitable qualifications and experience as
consultants to the Commission;
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 (b) request the production by any person, of any document or
information which, in the opinion of the Commission, is
necessary for the execution of its functions under this Act;
(c) promote its functions and objectives, or any matter under its
consideration, through sponsorship, support or organization of
conferences, workshops or meetings;
(d) receive donations of funds, materials and technical assistance
for the furtherance of its work;
(e) carry out consultations regarding any matter under its
consideration and for the general conduct of its work and
determine the procedure for carrying out such consultations; and
(f) do and perform all such things or acts as are necessary or
expedient for the execution of its functions, duties and powers
under this Act.

Approval of plans and 13. The Commission shall prepare and submit a long term national
strategies
vision and strategy or a medium-term development plan to Cabinet,
through the Minister, for its consideration and approval.

Meetings 14.- (1) The Commission shall meet at least once every three months
at a place and a time as the Chairperson may determine.
(2) The Chairperson shall convene ordinary meetings of the
Commission by giving the members of the Commission not less than
fourteen days written notice and may, on his own motion, convene an
extraordinary meeting of the Commission at a place and time as he may
determine in consultation with the Director General.
(3) The Chairperson or in the absence of the Chairperson, the
Deputy Chairperson shall at the written request of more than three
members of the Commission and within seven days of a request, call for
an extraordinary meeting of the Commission, at a place and time as the
Chairperson or Deputy Chairperson may determine, in consultation with
the Director General.

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 (4) The quorum at every meeting of the Commission or a
committee shall be constituted by a simple majority of the members.
(5) The Chairperson or, in his absence, the Deputy Chairperson,
shall preside at all meetings of the Commission:
Provided that in absence of both the Chairperson and Deputy
Chairperson at a particular meeting of the Commission, the members of
the Commission present and forming a quorum shall elect one of their
number to preside over the meeting of the Commission.
(6) At any meeting of the Commission, the decision of the
Commission on any matter shall be that of the majority of the members
of the Commission present and voting, and at all the meetings, the person
presiding shall have, in the event of an equality of votes, a casting vote in
addition to a deliberative vote.
(7) The minutes of each meeting of the Commission or any of its
committees shall be kept by the Director General and shall be confirmed
at subsequent meeting of the Commission or committee, as the case may
be.

Personal attendance of 15. A member of the Commission or any of its committees shall not
meetings attend a meeting of the Commission or committee by proxy and where a
member of the Commission is unable to attend any meeting of the
Commission, he may request that his apologies for failure to attend be
recorded.

Disclosure of interest
16.- (1) Where a member of the Commission or any of its committee
is present at a meeting of the Commission or a meeting of the committee
at which any matter which is the subject of consideration is a matter in
which that member or his immediate family member or his professional
or business partner is directly or indirectly interested, he shall, as soon as
practicable, after the commencement of the meeting, disclose his interest
and that member shall not take part in any consideration or discussion of,
or vote on, any question relating to the matter.

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 (2) A disclosure of interest by a member of the Commission or its
committee shall be recorded in the minutes of the meeting at which it is
made.

Oath of secrecy 17. Every-

(a) member of the Commission;
(b) member of a committee of the Commission;
(c) member of staff or service provider of the Commission; or
(d) person invited under section 9 (2),
shall upon assumption of his office, before attending a meeting,
take an oath of secrecy in the form set out in the Schedule hereto.

Protection from liability 18.- (1) A court action or other proceedings shall not be brought
personally against any member, a member of a committee or member of
staff of the Commission in respect of any act or omission done in good
faith in the course of carrying out the provisions of this Act.
(2) Where in any proceedings, a question arises on whether or not
an act or an omission was done in good faith in the course of carrying out
the provisions of this Act, the burden of providing that the act or the
omission was not done in good faith in the course of carrying out the
provision of this Act shall be on the person alleging that it was not so
done.

Secretariat of the 19. The Secretariat of the Commission shall consist of the Director
Commission
General and such other suitably qualified staff of the Commission as may
be required for the proper administration of this Act.

Director General 20.- (1) For the purposes of this Act, the Commission shall appoint
a Director General of the Commission who shall be responsible for the
administration and implementation of this Act.

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 (2) Without derogation from the generality of the responsibilities
and duties of the Director General conferred under subsection (1), the
Director General shall be responsible for the day to day administration of
the Commission.
(3) The Director General, or such other member of staff of the
Commission as the Director General may designate, shall attend meetings
of the Commission and of any committee of the Commission and may
address such meetings, but shall not vote on any matter.
(4) The Director General may delegate any of his powers or
functions under this Act to any officer in the public service.
(5) Any decision made or order given by such officer, person
or entity may be withdrawn or amended by the Director General of the
Commission, and shall, until it has been so withdrawn or amended be
deemed, except for the purpose of this sub-section, to have been made or
given by the Director General.

(6) The Director General shall appoint other members of staff

of the Commission as may be required for the performance of the
functions of the Commission on such terms and conditions determined by
the Commission.

Functions of the
Secretariat 21.- (1) The Secretariat of the Commission shall be responsible
for the implementation of the programmes of the Commission.
(2) Without prejudice to the generality of subsection (1), the
Secretariat of the Commission shall—
(a) provide technical and administrative backup
services to the meetings and other functions of the
Commission;
(b) prepare and present to the Commission seed
certification and quality control programmes for approval;
(c) manage and coordinate seed certification and
quality control funds in accordance with general and
specific directions of the Commission;
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 (d) maintain liaison with national and international
agencies that provide financial and technical support for
the implementation of the variety release, seed
certification and quality control policy;
(e) coordinate all variety release, seed certification
and quality control related issues in the country;
(f) prepare annual progress reports for consideration
by the Commission; and
(g) perform such other functions as may be assigned to
it by the Commission.
Registers 22. The Director General shall keep and maintain all registers
prescribed or required under this Act, each of which shall contain such
particulars as are prescribed in respect of such register.

PART III - VARIETY RELEASE SYSTEM

National Variety Release

Committee 23.- (1) In addition to any committee established under section 9,
there is hereby established a committee of the Commission to be known
as the National Variety Release Committee (hereinafter referred to as the
“NVRC”) with the responsibility of evaluating a proposed new variety
release and enter it in the variety catalogue or withdraw it from the
variety catalogue.
(2) The NVRC shall be composed of qualified persons
engaged in variety development or related activities as prescribed under
this Act.
(3) The NVRC operating procedures shall be established by
the members and approved in the first convocation.
(4) The procedures established by the NVRC for determining
the merit of varieties of that species, kind or type of crops, trees, shrubs
and pastures shall be-
(a) appropriate for that purpose and shall be based on
scientific principles; and
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 (b) transparent to ensure that the varieties are dealt
with in a fair and consistent manner.
(5) The Commission shall appoint the Chairperson of the
NVRC.
(6) The members of the NVRC shall, at their first meeting,
elect a Vice-Chairperson from amongst their number.
(7) In the absence of the Chairperson and the Vice-
Chairperson, the members of the NVRC present shall elect a person from
their number to preside over the meeting.
(8) A member of the NVRC whose period has expired may be
eligible for re-appointment.
(9) The quorum for any meeting shall be by a simple majority
of votes of the members present.
(10) A decision on any matter before the NVRC shall be taken
by a simple majority of the votes of the members present.
(11) In the case of an equality of the votes, the person presiding
over a meeting shall have a casting vote.
(12) The NVRC shall determine its own procedures for
meetings.

Functions of the NVRC 24.- The functions of the NVRC shall be to-
(a) develop testing guidelines or procedures of varieties of
any species;
(b) recommend registration of varieties of seed in accordance
with this Act;
(c) advise the Director General on the publication of the
annual list of varieties of crops, trees, shrubs and pastures
grown in Malawi;
(d) advise the Director General on coming up with or revise
fees for registration and maintenance of varieties in the
National Variety Catalogue;

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 (e) advise the Director General on any other technical matters
as required; and
(g) do all such acts as per necessary or incidental to the better
carrying out of the functions specified under this Act.

Composition of the NVRC 25.- (1) The NVRC shall consist of such qualified persons appointed
by the Commission-
(a) one member of the Commission who shall
be the chairperson of the committee;
(b) a representative from the National
Commission for Science and Technology;
(c) a representative from the Department of
Agricultural Research Services;
(d) a representative from the Department of
Agricultural Extension Services;
(e) a representative from the Forestry Research
Institute;
(f) a representative from the Department of
Crop Development;
(g) a representative from the academia, from a
faculty of agriculture or crops science;
(h) a representative from the farmer
organizations;
(h) a representative from the agro-processing
industry;
(i) a representative from the seed sector; and
(j) any other entity related to the seed industry
may be co-opted as need arises and
approved by the Commission.

(2) A representative of the Secretariat of the Commission

shall be the secretary of the NVRC.

26
National Variety Catalogue 26.- (1) The Director General shall, upon receipt of a prescribed
fee and following the national and regional variety release system,
register in the National Variety Catalogue, varieties of seed that may be
marketed in Malawi.

(2) The Director General shall also register local varieties in

the variety database with special provisions.

(3) The Director General shall be responsible for maintaining,

updating and publishing the National Variety Catalogue and database.

Recognition of varieties
27.- (1) A new variety may enter into the National Variety
Catalogue when-
(a) it has passed DUS and VCU tests and met all the
requirements; and
(b) it is a result of regional agreements on variety
release and registration.
(c) payment of prescribed fees
(2) A public or private agricultural organization may be
requested to conduct DUS and VCU testing as prescribed under this Act.
(3) Existing varieties released and available in the market on
the date of coming into force of this Act shall, automatically, be
registered in the National Variety Catalogue with the required
information and fees.

Withdrawal of a variety
28.- (1) A variety shall be withdrawn from the National Variety
Catalogue where-
(a) the information on the variety is incorrect;
(b) annual fees are unpaid;
(c) a variety no longer conforms to its original
characteristics; or

27
 (d) the applicant, seed company or maintainer of a
seed variety cannot provide the original material of
the variety.

(2) Notwithstanding subsection (1), the Commission may

make determinations for exemption of fees for varieties of non-
commercial crops that are useful in Malawi.

PART IV - CERTIFICATION OF SEEDS

Certification of seed
29. Subject to the provisions of this Part, seed may be categorized as
certified by the Director General-
(a) in the case of seed produced in Malawi, as “Certified
Seed”;
(b) in the case of GMO seed produced in Malawi, as
“Certified GMO Seed”;
(c) in the case of imported seed, as “Imported Certified
Seed”; or
(d) in the case of imported GMO seed, as “Imported Certified
GMO Seed.

Varieties for 30. The Minister may by order published in the Gazette, specify the
Certified Seed
Production class and variety of seed which may be cultivated for the purpose of
producing seed for certification as Certified Seed or as Imported Certified
Seed.

28
Registration of seed 31. Any person who intends to produce seed for certification shall, in
producers
accordance with this Act, apply to the Director General for registration as
a registered seed producer.

Application for
registration
32.- (1) An application for registration as a registered seed
producer shall be made in the prescribed manner, accompanied with the
prescribed registration fee and specify-
(a) the crops;
(b) variety of seed to be produced;
(c) the location where the seed is to be produced;
(d) the area in hectares that is to be planted; and
(e) the class of seed.
(2) After receipt of an application for registration as a
registered seed producer, the Director General may-
(a) refuse for good cause to register the applicant; or
(b) register the applicant as a seed producer, if he is
satisfied that-
(i) the applicant is a person suitably qualified
and experienced in seed production and
capable of producing, to the prescribed
requirement, prescribed seed which may
qualify for certification as Certified Seed;
and
(ii) the land proposed to be used for the
production of such specified seed is
reasonably suitable.
(3) Seed of any transgenic variety or genetically modified
Cap 60:03 organism shall not be registered, unless the applicant has obtained GMO
license in respect of the same, as prescribed under the Biosafety Act.
(4) The Director General may impose such conditions and
limitations upon any registration under this section, as he may consider
necessary.

29
 (5) Notification under this section shall be valid for one
growing season.

Register of seed
producers
33. For the purposes of this Part, the Director General shall keep and
maintain a register of seed producers which shall contain-
(a) the particulars of each seed producer;
(b) particulars of the specified variety or varieties to be grown
by each seed producer;
(c) particulars of the location and area of the land where each
such specified variety is to be grown by each seed
producer; and
(d) such other particulars as may be prescribed.

Cancellation of 34.- (1) The Director General shall, cancel the registration of a
registration for
registered seed registered seed producer in respect of the production of the specified
producers
variety where the registered seed producer-
(a) fails or ceases to comply with any provision of this
Act or with any requirement or condition
prescribed under this Part in respect of the
production of any specified variety intended for
part certification as Certified Seed; or
(b) parts with the possession of, or is dispossessed
from, the lands upon which a specified variety
intended for certification as Certified Seed is in
course of production.
(2) Where any registered seed producer, during the
continuation of his registration as such-
(a) is convicted of an offence under this Act;
(b) dies; or
(c) being an incorporated body, is wound-up or dissolved,
the Director General shall cancel the registration of the registered
seed producer.
30
 (3) In the event of a cancellation of the registration of a seed
producer under subsection (1) or (2), the successor in interest to the
registered seed producer may apply under this Part for registration as a
registered seed producer at time of such cancellation.

Notification for refusal

to register or for 35.- (1) A seed producer whose application for registration as a
cancellation
registered seed producer has been refused or made subject to any
condition or limitation by the Director General, or any registered seed
producer whose registration has been cancelled may, within twenty-one
days after such refusal, imposition of conditions or limitations or
cancellation, in writing, request the Director General to furnish his or her
reasons for refusing to register the applicant or for imposing conditions
or limitations upon the registration of the applicant or for the cancellation
of the registration of the registered producer.
(2) The Director General shall furnish the reasons for the
refusal or cancellation to the applicant, in writing within fourteen days
after receipt of the request.

Review of the decision of 36.- (1) Where a seed producer is not satisfied with the reasons
the Director General
furnished by the Director General or if the reasons have not been
furnished within the prescribed time, he or she may, within twenty-one
days after his or her receipt of the reasons or after the expiry of the
prescribed time, apply to the Commission, in writing, for a review of the
decision of the Director General.
(2) In the performance of the powers of appointment in
accordance with subregulation (1) above, the Committee shall ensure that
the composition of the reviewers reflects the expertize necessary to
undertake a proper review of the subject in question and shall determine
the size of each review team
(2) In determining the review made under subsection (1), the
Commission may consult experts in any relevant field to provide the
Commission with sufficient information in order to enable it to make an
informed decision and may, as it may consider appropriate, either-
31
 (a) uphold in whole or in part the decision of the
Director General; or
(b) direct the Director General to-
(i) register the appellant as a registered seed
producer;
(ii) strike out all or any of the conditions or
limitations imposed by the Director
General;
(iii) amend or alter any conditions or limitations
in a manner as the Commission may direct;
or
(iv) restore the registration.

Establishment of
certification scheme
37.- (1) The Minister may, by notice published in the Gazette,
establish a scheme for the certification of seeds of the varieties referred to
in the scheme with the object of maintaining the genetic quality of seeds.
(2) The Minister may, at any time, by notice published in the
Gazette, amend or revoke a scheme.

Provisions of
certification scheme 38.- (1) The Minister may, by notice published in the Gazette-
(a) designate the Director General to exercise the
powers, perform the functions and carry out the
duties conferred upon, assigned to or imposed
upon him under a scheme;
(b) prescribe the classes, kinds and varieties of seed to
which the provisions of the scheme shall apply;
(c) provide that any person intending to participate in
a scheme and any unit for certification shall be
registered with the Commission;
(d) provide for the manner in which a person or a unit
for certification shall be registered and the forms to
be used for an application for registration;

32
(e) prescribe the requirements to be complied with by
a person or unit for certification, the conditions
under which such a person or unit shall be
registered and the period of validity of such
registration;
(f) provide for the manner in which, and the control
subject to which, seed intended for certification
under a scheme shall be produced and treated;
(g) determine the manner in which, and the times at
which, any inspection of units for certification of
seeds with reference to which the provisions of a
scheme are applicable, shall be carried out, and the
forms to be used in connection with the inspection;
(h) determine the requirements and standards of
quality which seed shall comply with the
certification in terms of a scheme;
(i) determine the manner in which seed shall be
certified, the form of a certificate in connection the
certification and the circumstances under which
such a certificate shall lapse;
(j) determine the manner in which certified seed shall
be packed, marked, labeled, sealed, stored or
distributed and the specifications of the labels and
seals to be used thereof;
(k) determine the information which shall appear on
the containers in which certified seed is packed, or
on the labels affixed thereto;
(l) determine the records to be kept and the
information to be furnished by any person
registered under a scheme;
(m) determine the fees or charges payable to the
Commission by any person registered under a
scheme;
33
 (n) confer on the Commission the powers of
inspection;
(o) provide generally for any other matter which, in
the opinion of the Commission, is necessary or
expedient in order to further or better achieve the
objects of a scheme.
(2) The Director General or any person duly authorized by
him to do so shall exercise, perform or carry out its powers, functions or
duties.

Certification of seed
39.- (1) Upon it being shown to the satisfaction of the Director
General that a particular seed lot-
(a) is of a specified variety;
(b) is of known source;
(c) has been produced on the land designated in the register;
(d) has been sown, cultivated and produced as prescribed;
(e) has been inspected during cultivation as prescribed seed;
and
(f) has been tested in accordance with the provisions of this
Act and found to conform to the standards of moisture
content, purity, germination, and defects,
the Director General may certify the seed as Certified Seed.

(2) Upon certification of any seed as Certified Seed, the

Director General shall issue to the producer of that seed, a certificate in
the prescribed form in respect of the seed and shall enter the particulars
of the certification in the register of seed producers in relation to the seed
producer concerned.

Certified seed 40. A registered seed producer shall not use for the production of
certified seed any variety of seed which has not been approved for such
purpose by the Director General.
Production of certificate
on sale of certified seed
34
 41.- (1) Upon any sale of certified seed in Malawi by any
registered seed producer, the seed producer shall, at the time of the sale-
(a) produce for inspection by the buyer the certificate
issued under this Part in respect of the seed; and

(b) furnish the buyer a true copy of the certificate

countersigned by him or her as the producer of the
Certified Seed.
(2) Upon any sale of GMO certified seed in Malawi by any
registered seed producer, the seed producer shall, at the time of such sale-
(a) produce for inspection by the buyer the certificate
issued under this Part in respect of the seed; and
(c) furnish the buyer a true copy of the certificate
countersigned by him or her as the producer of the
GMO certified seed.
(3) A registered seed producer who fails to comply with this
section commits an offence.

Certification of imported 42.- (1) The Director General may, upon application by a
seed
registered seed importer, certify as imported certified seed any seed of
specified variety which-
(a) has been imported into Malawi by the applicant;
(b) has been accepted in accordance with the
provisions of this Act;
(c) has been certified as certified seed under the laws
of the country of its origin;
(d) is accompanied by a certificate which the Director
General considers acceptable for purposes of
certification under this Part; and
(e) is shown to the satisfaction of the Director General
to have been produced under conditions, and to
conform to standards equal to, or higher than,

35
 those prescribed for the production and
certification of Certified Seed.
(2) Where the Director General has certified any imported
seed as Imported Certified Seed, he or she shall issue to the seed importer
a certificate in the prescribed form in respect of the certification.
(3) The Director General shall keep and maintain a register of
seed importers which shall contain-
(a) particulars of the seed importer;
(b) the variety and quantity of seed imported;
(c) the country of origin of the seed;
(d) the date of testing in the country of origin;
(e) the name of the certifying authority in the country
of origin;
(e) the number of the certificate;
(f) Phytosanitary Certificate, import permit and a seed
analysis report; and
(g) any other particulars as may be prescribed.

(4) For the purposes of this section, “Seed Analysis Report”

means-
(a) an Orange International Report;
(b) a seed analysis report issued by an authorized
laboratory in any SADC Member State; or
(c) a seed analysis report issued by an authorized
laboratory in any COMESA Member State.

Duties of seller of
certified seed 43.- (1) A person who sells, for sowing, any certified seed in
sealed containers shall cause to be printed or stamped upon each such
container or on a label attached thereto or enclosed therein in a way as to
be legible without opening the container, in clear and legible letters and
figures-
36
 (a) in the case of Certified Seed-
(i) the words “Certified Seed” in lieu of the
words “tested seed” as required under
section 29;
(ii) the date of testing;
(iii) the number of the certificate issued in
respect thereof; and
(iv) such other particulars as may be prescribed;
and
(b) in the case of Imported Certified Seed-
(i) the words “Imported Certified Seed” in
lieu of the words “tested seed” as required
under section 29;
(ii) the date of testing;
(iii) the number of the certificate issued in
respect thereof; and
(iv) such other particulars as may be prescribed.

(2) A person who sells any certified seed for sowing shall, at the
expiry of the validity period of the seed, withdraw any left-over of the
seed from the market.

(3) Any person who fails to comply with this section commits an
offence.

Prohibition of sale of 44. A person who-

uncertified seed
(a) sells as certified seed any seed which is not certified under
this Act; or
(b) for the purposes of sale, uses in the description or name of
any seed, the word “certified” or any cognate word in
regulation to seed which is not certified under this Act,
commits an offence.

37
 Prohibition against sale of
certified seed without
certificate
Disposal of sub-standard
prescribed seed
45.- (1) A person who sells in bulk quantities -
(a) any Certified Seed or Imported Certified Seed, for
sowing, without having in his possession or under
his control, at the time of such sale, the certificate
or a copy of the certificate issued or furnished
under this Part in respect of such seed; or
(b) any Certified Seed or Imported Certified Seed, for
sowing, and who fails to furnish the buyer, at the
time of such sale, the prescribed certificate or a
copy of certificate required to be so furnished
under this Part in respect of such seed,
commits an offence.
(2) The validity of a contract for the sale of certified seed, or
the right to enforce such a contract, shall not be affected by non-
compliance with this section.
(3) For the purposes of this section, the expression “in bulk
quantities” includes any quantity of seed taken, for the purpose of a
particular sale, from any larger quantity of seed, but does not include
seed which is packed and sold in sealed containers.
46. - (1) Subject to the provisions of section 39, if a sample of any
prescribed seed is, upon test, found and reported by an official seed tester
not to conform to the standards of germination and purity prescribed for
such prescribed seed, the Director General may where-
(a) such prescribed seed has been seized and detained in
accordance with the provisions of this Act-
(i) subject to such conditions as to its sale and use as
he may impose, direct its return either to the owner
thereof or to the person from whose custody or
control it was taken and in so directing may
impose such conditions as to its sale or use as he
may consider necessary; or
38
 (ii) order it to be destroyed without payment of
compensation to the owner if, upon reasonable
grounds, he is satisfied that it is in a state
dangerous to public health or injurious to animals
or plants; and
(b) the prescribed seed has not been seized or detained in
accordance with the provisions of this Act-
(i) permit the owner to retain the prescribed seed
subject to such conditions as to its sale or use as
the Director General may impose; or
(ii) order it to be destroyed at the premises where
located or to be seized by the Director General and
destroyed,
in either case without payment of compensation to the owner,
if, upon reasonable grounds, he is satisfied that it is in a state
dangerous to public health or injurious to animals or plants.

(2) Any destruction of seed seized or detained in accordance

with this section shall be at a cost to the owner of that seed and
that cost shall be recoverable as a payment due to the
Commission.

PART V - SEED INSPECTION

Seed inspectors 47.- (1) The Commission shall appoint, from both the public
service and the private sector, official seed inspectors and authorized seed
inspectors, respectively, who shall enforce the provisions of this Act.
(2) An application for appointment as a seed inspector shall
be made to the Commission in the prescribed form, and shall be
accompanied with a prescribed fee.
(3) The Commission shall cause a certificate of accreditation
to be issued to each appointed seed inspector.
39
 (4) A seed inspector shall produce for inspection his
certificate of accreditation upon demand of any person affected by this
Act.

Accreditation of seed
inspectors 48. The accreditation of a seed inspector made under section 47 may
be-
(a) general, whereby the seed inspector shall be empowered
to exercise all the powers of a seed inspector anywhere in
Malawi; or
(b) limited, either-
(i) as to the specific powers exercisable by the seed
inspector; or
(ii) as to the place or district in which such powers are
exercisable by the seed inspector.

Power to take samples

of seed 49. A seed inspector may take samples of any seed for-
(a) test or examination to determine whether the seed is
prescribed seed or restricted seed;
(b) test to determine whether, if the seed lot is prescribed
seed, it conforms with the standards of purity and
germination prescribed therefore under this Act; or
(c) such other purposes as may be deemed necessary by the
seed inspector in relation to the exercise of his or her
powers under this Act.

Power to search premises 50.- (1) A seed inspector may, for any of the purposes of this Act,
and seize certain goods
and at any reasonable time, enter upon any land, building, premises or
vehicle at, or in which, he or she has reasonable cause to believe that any
prescribed seed or restricted seed is being-
(a) stored, sold or transported for sale in contravention
of this Act;
40
 (b) packed in packages or other containers which are
marked or labeled in contravention of this Act; or
(c) marked or labeled, with any description, mark or
date in contravention of this Act.
(2) A seed inspector may, without liability for any payment to
any person whosoever, take samples of the seed found therein and the
owner of the land, building premises or vehicle, or his agent or the person
in custody or control thereof shall on demand furnish to the seed
inspector a statement, in writing, containing such particulars with respect
to the seed as may be required by the seed inspector who, further, may
seize and remove there from and detain any prescribed seed or restricted
seed or any package or container or any label, stamp or device for
marking, stamping or labeling, or any book, record or document found
therein, which would afford evidence of a contravention of this Act.
(3) Every seed inspector shall, on demand by the owner, or
the person having custody of such land, building, premises, plant or
vehicle, produce his or her authority to enter upon such land, building
premises, plant or vehicle.
(4) Any seed inspector who has seized and detained any item
or thing pursuant to the authority under subsection (1), shall give to the
person from whom such item or thing was seized a receipt for the seizure
and detention thereof signed by such seed inspector.
(5) Any prosecution for an offence arising from the findings
of an inspection conducted under subsection (1) shall be instituted only
with the consent of the Director of Public Prosecution and in the event of
the Director General being advised, in writing, by the Director of Public
Prosecution that no prosecution should be instituted, then any item or
thing seized in the course of the inspection shall be returned to the owner
thereof or to the person from whose custody it was taken within ten
working days from the date of the receipt by the Director General of such
advice.

Prohibition against
obstruction, etc., of seed 51. Any person who-
inspectors
41

Establishment and
authorization of seed-testing
laboratories
Authorization of seed
analysts
Registers of seed analysts
and seed testing
laboratories
(a) obstructs or impedes a seed inspector in the due exercise
of his or her powers under this Act;
(b) refuses to furnish to a seed inspector, on request, any
particulars of information to which the seed inspector is
entitled under this Act; or
(c) willfully or recklessly gives to a seed inspector or an
authorized officer any false or misleading particulars or
information with respect to any fact or matter to which the
seed inspector is entitled under this Act,
commits an offence.
PART VI - SEED TESTING
52. - (1) The Commission shall establish and maintain an accredited
seed testing laboratory in Malawi to carry out the functions under this
Act.
(2) The Commission may authorize one or more seed testing
laboratories belonging to a public entity or private sector institution.
53. Upon the establishment of an accredited seed testing laboratory or
authorization of a seed testing laboratory, and from time to time
thereafter, as occasion may require, the Commission shall authorize
official seed analysts or authorized seed analysts, respectively, as the case
may be.
54. The Director General shall keep and maintain the following
registers-
(a) a register of seed analysts which shall contain-
(i) the name and address of each seed analyst
appointed or authorized under this Act; and
42
 (ii) such other particulars as may be prescribed; and
(b) a register of seed testing laboratories which shall contain-
(i) the name and address of each seed testing
laboratory established or authorized under this Act;
and
(ii) such other particular as may be prescribed.

Prohibition against
55.- (1) A person who, in any place which is not a seed testing
testing of prescribed
seed except in a seed laboratory tests or purports to test for the purposes of this Act any
testing laboratory
prescribed seed commits an offence.
(2) In addition to the penalty imposed under subsection (1),
the court may declare any machinery, equipment and chemicals and any
prescribed seed found in the place concerned to be forfeited or order
them to be destroyed without compensation.

Delivery of samples for

official seed testing 56.- (1) A person who has produced or acquired any prescribed
seed which has not been tested may request such seed to be sampled.
(2) This seed sample referred to in subsection (1), shall be
submitted to a seed testing laboratory together with a statement, in
writing, specifying such particulars as may be prescribed.
(3) The delivery of a sample of prescribed seed pursuant to
subsection (1) shall be subject to payment of such fee as may be
prescribed.
(4) Upon receipt at the seed testing laboratory of any sample
taken pursuant to subsection (1), a seed analyst shall test the sample in
the manner prescribed and shall furnish to the person who sought the test
a report thereof, setting out the date upon which the test was made, the
findings resultant thereon and such other particulars as may appear to the
seed analyst necessary for, or relevant to, the report.

43
Reports to be in
prescribed forms
57. Any report, certificate or other documents issued or furnished by
a seed testing laboratory for the purposes of this Act shall be in a
prescribed form.

PART VII- REGISTRATION OF SEED PROCESSORS AND SEED SELLERS

Registration of seed
58.- (1) A person shall not maintain a seed processing unit, unless
processors
such unit is registered by the Director General under this Act.

(2) The Director General shall register a seed processing unit

if it meets the specifications prescribed in terms of infrastructure,
equipment and qualified manpower.
(3) Every application for registration under subsection (2)
shall be made in the form and manner prescribed and shall be
accompanied by a fee as may be prescribed.
(4) The Director General may, after making such enquiry and
subject to such conditions as it thinks fit, but not later than thirty working
days after receipt of the application, grant a certificate for maintaining a
seed processing unit in such form as may be prescribed.
(5) Every seed processing unit shall furnish periodic returns
on the quantity of seeds of different kinds or varieties processed by it to
the Director General in such form and at such time as may be prescribed.
(6) The Director General may, after giving the holder of
certificate of registration under subsection (1) or subsection (2), as the
case may be, suspend or cancel the registration where-
(a) such registration has been obtained by
misrepresentation as to a material particular
relating to the specification in terms of
infrastructure, equipment or availability of
qualified manpower; or

44
 (b) any of the provisions of this Act or the rules made
thereunder has been contravened.
(7) The Director General shall conduct periodic inspections of
the seed processing facilities.

Registration of seed 59.- (1) A person or legal entity shall not, himself or by any other
sellers
person on his behalf, carry on the business of selling, keeping for sale,
offering for sale, bartering or otherwise supplying any seed of any
notified kind or variety unless-
(a) the premises from where the seed is sold is
registered for the selling of seed;
(b) such seed is identified as to its kind or variety and
is tested and conforms to the prescribed standards
and requirements as defined under this Act;
(c) the container of such seed bears the label
containing the correct particulars as described
under this Act;
(d) the premises and the establishment conform to the
requirements prescribed under this Act; and
(e) the seller complies with other requirements as may
be prescribed, from time to time, by the Director
General.
(2) The provisions of subsection (1) shall not apply to the
sale of seed which is-
(a) grown and cleaned by a farmer or farmer
community for their own use; or
(b) sold to a processor of seed in order that it may be
cleaned, graded or treated before it is used as seed,
if there appears on the container in which the seed
is sold or delivered or on a label attached thereto
clearly and legibly the words “uncleaned seed”.

45
Registering officer
60. The Director General shall be in charge of registering premises
where seed is sold in accordance with the terms and conditions as may be
prescribed under this Act.

Application for 61.- (1) Every application for registration of a premises for the
registering
selling of seed shall be submitted to the Director General in the
prescribed form and accompanied by a prescribed fee.
(2) Upon receipt of any application for registration and any
further information as may be required, and upon being satisfied as to the
requirements, the Director General shall register the premises and issue a
registration certificate in the prescribed form which shall be prominently
displayed on the registered premises.
(3) A registration under this section may be made subject to
such conditions as may be prescribed by the Director General.
(4) The registration of premises under this section shall be valid
for a period of twelve months from the date of issue of a certificate and
shall be renewable.
(5) Where the Director General is satisfied that the conditions
subject to which a registration certificate was issued have not been
complied with, he or she may cancel the registration.

Renewal of 62.- (1) A person to whom a certificate of registration of a

registration
premises has been issued may apply for renewal of registration before the
date of expiry thereof on the prescribed form and accompanied by a
prescribed fee.
(2) Where the Director General is satisfied that the seller of
seed has not contravened the provisions of this Act and has complied
with the conditions, if any, subject to which the registration of the
premises was made and the records regarding the seed handled at his
business premises are being kept in the prescribed manner, he or she shall
renew the registration and shall issue a fresh certificate.

46
Non-renewal of 63.- (1) A seed seller’s license shall be revoked upon the death of
registration
the licensee or, where the licensee is an incorporated body, upon the
winding-up or dissolution of that body.
(2) The Director General may, at any time, revoke a seed
seller’s license where the licensee has-
(a) failed or fails to comply with terms and conditions
of the license;
(b) been convicted of an offence under this Act; or
(c) failed or refused to comply with any reasonable
direction as regards the sale or storage of any
prescribed seed given to him, in writing, by a seed
inspector or by the Director General.
(3) The Director General shall give, in writing, the reasons in
case where-
(a) an application for registration is rejected or
registration is cancelled, because of non-
fulfillment of conditions subject to which the
registration was issued, or the registration is not
renewed; or
(b) the applicant is not satisfied with the conditions
subject to which registration was made.

Appeal to 64.- (1) A person whose application for registration of premises

Minister
for the selling of seed has been rejected or whose registration has been
cancelled or whose registration has not been renewed or who is not
satisfied with the conditions subject to which registration was made, may
appeal to the Minister, stating the grounds of his appeal and paying a
prescribed fee.
(2) On receipt of an appeal referred to under subsection (1),
the Minister shall, after giving the appellant and the other party an
opportunity of being heard, dispose of the appeal as expeditiously as
possible.
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 (3) The decision of the Minister under this section shall be final,
but subject to review by the High Court.

Use of variety 65.- (1) A person shall be allowed to sell seed of any variety, by writing
names
the name of that particular variety as it appears in the National Variety
Catalogue or a regional variety catalogue on the package of the seed.

(2) A person who contravenes the provisions of subsection (1)

commits an offence.

PART VIII - IMPORT AND EXPORT OF SEED

Restrictions on 66.- (1) The Minister may, from time to time, by order published
importation and
exportation of seed in the Gazette, restrict, limit, make subject to conditions, or prohibit, the
importation into Malawi or exportation from Malawi of any particular
variety or class of seed, in this Act referred to as “restricted seed”.
(2) A person who imports or exports any restricted seed in
contravention of this Act or any regulations made hereunder commits an
offence.
(3) A person who intends to export seed shall comply with the
relevant provisions of this Act and other related written laws and the
regulations of the importing country.

Seed imports, exports,

or sell to be registered 67.- (1) A person shall not-
(a) import into Malawi;
(b) export from Malawi; or
(c) sell,
any prescribed seed unless he is a registered seed
importer, registered exporter or a registered seller under
this Act.
(2) A person who contravenes subsection (1) commits an
offence.
48
Conditions for importation
of prescribed seed 68.- (1) A registered seed importer shall not import any prescribed
seed into Malawi unless-
(a) such seed conforms to the seed standards and other
requirements prescribed therefor;
(b) if such seed is packed in a container, such
container complies with the provisions of section
29 as to the manner of labeling;
(c) the genus, species and variety of such seed and the
country of origin is shown on an invoice or
delivery note accompanying such seed at the time
of its importation; and
(d) such seed shall be accompanied by phytosanitary
certificate and other relevant documents.
(2) The Director General may exempt any registered seed
importer, or any particular species, variety or class of prescribed seed,
from subsection (1) and such exemption may be subject to such
conditions as the Director General may, in his or her discretion, impose.
(3) A person who fails to comply with subsection (1) Director
General or with any condition imposed by the under subsection (2)
commits an offence.

Testing of imported 69.- (1) Upon importation into Malawi of any prescribed seed
prescribed seed
outside the region, the registered seed importer to whom the prescribed
seed is consigned shall, at the discretion of the Director General, within
seven days of its delivery to him or her, request a sample to be taken and
sent for test to a seed testing laboratory.
(2) A person shall not sell or otherwise dispose of imported
prescribed seed prior to the receipt, by the registered seed importer who
imported such prescribed seed, of a report on the test of the sample
thereof from the seed testing laboratory confirming that the imported
prescribed seed conforms to the prescribed seed standards.
49

Importation of trade
samples
Court order of the forfeiture
and disposal of illicit
prescribed seed
Prohibition against
tampering with samples
and seed lots
(3) A person who contravenes or fails to comply with
subsection (1) or (2) commits an offence.
70. Nothing contained in this Act shall be construed as prohibiting the
importation by any registered seed importer, by post, of a sample of any
prescribed seed, not exceeding specified quantities and which is being
imported into Malawi solely as a trade sample and its quantity is of no
commercial value.
71. Upon the conviction of any person of an offence under this Part, a
court may, in addition to any other penalty imposed, declare any
prescribed seed or restricted seed found in possession or under the
control of the defendant and connected with the commission of the
offence to be forfeited and may order it to be destroyed without
compensation.
PART IX - OFFENCES AND PENALTIES
72. A person who-
(a) tampers with any seed so as to ensure that any
samples of such seed, taken under and for the
purposes of this Act, does not correctly represent
the bulk from which the sample was taken;
(b) tampers with any seed lot or batch inspected under
the purposes of this Act; or
(c) with intent to deceive, causes or permits to be sent
to any seeds testing laboratory to be tested for the
purposes of this Act, a sample of any seed which to
his knowledge does not represent the bulk from
which it was taken,
commits an offence and shall, upon conviction, be liable to
a fine not exceeding fifty million Kwacha and to
imprisonment for a period not exceeding ten years.
50
 Prohibition against 73. A person who, without lawful authority, alters, defaces or
altering, defacing or
removing official removes-
records, etc

(a) any register, index or other such official record

maintained in pursuance of this Act, or of any
order or requirement made thereunder; or

(b) any entry appearing in any such register, index or

other such official record,
commits an offence and shall, upon conviction, be liable to a fine
not exceeding fifty million Kwacha and to imprisonment for a
period not exceeding ten years.

Prohibition against
altering, etc, documents 74. A person who, without lawful authority, alters or defaces-
and marks
(a) any certificate, report, record, invoice, accounts or other
document, prescribed, issued, furnished or kept under this
Act, or under any order, requirement, condition or
regulation made hereunder; or
(b) any label, note, docket or mark placed upon any container
under this Act, or under any order, requirement or
condition made thereunder, or who removes any such
label, note, docket or mark from any such container,
commits an offence and shall, upon conviction, be liable to a fine
not exceeding thirty-five million Kwacha and to imprisonment for
a period not exceeding seven years.

Secrecy
75. A person who-
(a) is authorized for the purposes of this Act, publishes or
communicates to any person without lawful authority any
information acquired by him or her in the course of his or
her authorization; or
51
 (b) is in possession of any information which to his or her
knowledge has been disclosed in contravention of this Act,
publishes or communicates that information to any other
person,
commits an offence and be liable to a fine not exceeding thirty-
five million Kwacha or to imprisonment not exceeding seven
years, or both.

Prohibition against
sale of untested seed 76.- (1) Save as provided under section 69, a person shall not sell
any prescribed seed for sowing, unless the said seed has previously been
tested as provided by this Act, and upon such test has been found to be of
the standards of germination and purity prescribed for such seed.
(2) A person who fails to comply with this section commits an
offence and shall, upon conviction, be liable to a fine not exceeding fifty
million Kwacha and to imprisonment for a period not exceeding ten
years.

(3) Upon conviction of any person of an offence under this

section, the court may, in addition to any other penalty imposed, declare
any such untested prescribed seed found in the possession or under the
control of the defendant to be forfeited or may order it to be destroyed
without compensation.

Prohibition against sale 77.- (1) Where, upon test made pursuant to the provisions of this
of fake or sub-standard
prescribed seed Act, any prescribed seed is found to be fake or found not to conform to
the standards of moisture content, defects, purity and germination
prescribed for such seed and is so reported in the report on such test
furnished by an official seed analyst, such prescribed seed shall not be
sold by any person, for sowing, save with the consent, in writing, of the
Director General previously obtained, and subject to any conditions as
regards such sale as the Director General may impose.
(2) A person who sells any prescribed seed in contravention
of subsection (1) commits an offence and shall, upon conviction, be
52
 liable to a fine not exceeding fifty million Kwacha and to imprisonment
for a period not exceeding ten years.

(3) Upon conviction of any person of an offence under this

section, a court may, in addition to any other penalty imposed, declare
any such sub-standard prescribed seed found in the possession or under
the control of the defendant to be forfeited or may order it to be
destroyed without compensation.

Prohibition against sale of

prescribed seed under name 78.- (1) A person who sells, for sowing, any prescribed seed under
other than varietal name a description other than its varietal name commits an offence and shall,
upon conviction, be liable to a fine not exceeding thirty-five million
Kwacha and to imprisonment for a period not exceeding seven years.

(2) In this section, “varietal name” means the name given to a

specific variety of seed by its originator or discoverer.

Penalties 79. A person who commits an offence under this Act for which a
penalty has not been specified shall be liable to a fine of not more than
twenty-five million Kwacha or to imprisonment for not more than five
years.

PART X – FUND

Fund
80.- (1) There is hereby established a Fund to be known as the
Seed Fund (hereinafter referred to as the “Fund”) to finance the activities
required in order to administer and enforce seed certification and seed
quality control under this Act.

(2) The Fund shall consist of-

53
 (a) such moneys as may be appropriated by
Parliament for the purposes of the Fund;

(b) fees from registration, inspection or examination

of seed varieties and other activities undertaken by
the Commission under this Act;

(c) such sums or other assets as may be received for

the purpose of the Fund by way of voluntary
contributions or donations; and

(d) such sums as are paid by way of penalties or costs

in respect of offences under this Act.

(3) The Director General may-

(a) accept money by way of grants, or

donations from any source in or outside
Malawi; and
(b) charge and collect fees in respect of
programmes, publications, documents and
other services provided by the
Commission.
(4) Subject to the provisions of this Act and of the Public Finance
Cap 37:02
Management Act, the Commission may borrow, either by way of an
overdraft from a banker or otherwise, such sums as it may, from time to
time, require for the carrying out of its functions and powers.

Administration of the
Fund 81. The Fund shall be administered by the Director General, subject
Cap. 37:02
Cap. 37:01 to this Act, and in accordance with the Public Finance Management Act
and the Public Audit Act.

54
 Objectives of the 82. The Fund shall be used to finance the proper management of
Fund
activities required to be administer under this Act, including the
enforcement of seed certification and quality control activities.

Holding of the Fund 83.___ (1) All sums received for the purposes of the Fund shall be paid
into a bank account and no amount shall be withdrawn therefrom, except
by means of cheques signed by such persons as are authorized in that
behalf by the Director General.

(2) Any part of the Fund not immediately required for the
purposes of the Fund may be invested in such manner as determined by
Cap. 37:02
the Fund and utilized in compliance with the provisions of the Public
Finance Management Act.

Books and other records of

accounts and audit and reports 84.___ (1) The Director General shall cause to be kept, proper books and
of accounts
other records of accounts in respect of receipts and expenditures of the
Fund in accordance with the Public Finance Management Act and the
Cap. 37:02
Cap. 37:01 Public Audit Act.

(2) The accounts of the Fund shall be audited by the Auditor

Cap. 37:01 General in accordance with the Public Audit Act.

(3) The Director General shall prepare, as soon as practicable, but

not later than three months after the end of the financial year, an annual
report on all the financial transactions of the Fund.

55
Financial year
85. ___ (1) The financial year of the Fund shall be the period of twelve
months commencing on 1st July in one year and ending on 30th June of
the following year.

(2) The first financial year of the Fund may be a period shorter or
longer than twelve months as the Minister shall determine, but in any
case not longer than eighteen months.

PART XI - MISCELLANEOUS PROVISIONS

Inspection of registers
86. All registers maintained by the Director General under this Act
shall, at all reasonable times, be open for inspection.

Regulations 87.- (1) The Minister may make regulations for the better carrying out
of this Act.
(2) Without prejudice to the generality of subsection (1), the
regulations may make provision for-
(a) the forms of registers, notifications, certificates,
authorizations and reports required to be prescribed under
this Act and such other forms as the Minister deems
proper to prescribe for the purposes of this Act;
(b) the forms of records to be kept by the Director General of
the Commission for the purposes of this Act;
(c) the form of records to be kept and returns to be made by
seed processors, seed importers, seed producers and seed
sellers for purposes of this Act;
(d) the qualifications of official seed inspectors, seed samplers
and seed analysts under this Act;
(e) standards of quality and performance of scientific
equipment and the variety of such equipment to be
maintained in any seed testing laboratory, and the Minister
56
 may make provision for different standards and equipment
for different seed testing laboratories;

(f) the operation and management of seed testing laboratories,

including the number of official seed analysts to be
attached to each seed testing laboratory and the forms of
records to be kept by seed testing laboratories for the
purpose of this Act;
(g) the manner in which samples are to be taken under this
Act, the forms to be used in and about the taking of such
samples, and the fees and expenses to be paid for and in
respect of the taking of such samples under particular
circumstances;
(h) the methods to be employed by seed testing laboratories
and official seed analysts in the testing of prescribed seed;
(i) the standards of moisture content, defects, purity
germination of specified varieties for purposes of
certification as Certified seed;
(j) the conditions under which prescribed seed intended for
sale may be displayed for sale or stored by any seed
producer, seed processor or seed seller;
(k) the manner and methods of labeling, stamping, marking or
sealing of containers in which any prescribed seed or
certified seed is sold;
(l) the prevention of the use of false or misleading statements
in advertising any prescribed seed for sale;
(m) the prohibition or restriction of the disposal, acquisition
or use of any prescribed seed as farm feed or fertilizer;
(n) standards of quality and performance of equipment and
the variety of such equipment to be maintained at any seed
processing plant;
(o) the methods to be employed by seed processors in and
about the processing of prescribed seed;
57
(p) the inspection of land notified by a seed producer as land
on which he or she intends to produce seed for
certification as Certified Seed;
(q) the examination and testing of any seed intended for use
by a seed producer in the production of seed for
certification as Certified Seed and the methods to be
employed by seed producers in and about the cultivation
and production of seed for such certification and further
for the periodic inspection of growing crops, trees, shrubs
and pastures intended for the production of seed for
certification as Certified Seed;
(r) the control, limitation or prohibition of the cultivation by
a seed producer of any specified crops, trees, shrubs and
pastures on land contiguous or adjacent to lands upon
which seed intended for certification as Certified Seed is
being grown by the seed producer;
(s) the control of weeds on the land of any seed producer
which is being used for the production of seed intended
for certification as Certified Seed or on any other land of
the seed producer adjacent or contiguous to such land;
(t) the country or countries of origin of imported seed of any
specified variety, and the certifying authority in such
country or countries whose certificate thereof as certified
seed may form the basis of an application by a seed
importer for the certification of such seed as Imported
Certified Seed;
(u) any fees payable under this Act;
(v) prescribing the administrative and accounting procedures
to be applied in respect of the Fund;
(w) protection from liabilities; and
(x) anything or matter which this Act requires to be
prescribed.

58
 (2) Any regulations made under this Act may, notwithstanding the
Cap. 1:01 provisions of section 21 (e) of the General Interpretation Act, prescribe a
fine of up to twenty-five million Kwacha and imprisonment for up to five
year, or both, for an offence committed against any provision of such
regulations.

Repeal and
savings 88.- (1) The Seed Act is repealed.
Cap.67:06
(2) Any subsidiary legislation made under the Seed Act repealed by
subsection (1) and in force immediately before the coming into force of this
Act, shall so far as it is not inconsistent with the provisions of this Act, continue
in force as if made under this Act.
(3) Any permit or licence made, issued or given under the law
repealed under subsection (1) shall be as valid, and shall have effect, as if they
were made, issued or given under this Act.

59
 SCHEDULE (s.17)
OATH OF SECRECY

I,……………………., being a member of the Commission/member of a committee of the

Commission/staff of the Commission/ person invited under section 9(2), do hereby swear/affirm that
fear or favour, affection, or ill-will, discharge the functions of a member/staff, of the Commission and
that I will not directly, or indirectly reveal any matters related to such functions to any unauthorized
person or otherwise than in the course of my duty.

SWORN at ……………………this ………..day of ………………….., 20…

Before me:
………………………………………
Commissioner for Oaths

60
 OBJECTIVES AND REASONS

The object of this Bill is to make provision for the regulation and control of production, processing,
sale, importation, exportation and testing of seed.

KALEKENI KAPHALE
Attorney General

61