- Commenced on 16 August 1971
- [This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
1. Short titleThis Act may be cited as the Seeds Act [Chapter 19:13].
2. InterpretationIn this Act—“advertisement” includes any statement, picture, design or device—(a)published in any newspaper or public print; 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 whatsoever;“container” includes a bag, barrel, case, tin or package or any other container in which seed is placed or packed;“grade name” means any mark, description or designation of a grade;“kind” means all related species and subspecies of any plant which are known by the same common name;“label” includes any legend, word, mark, symbol or design applied or attached to, included in, belonging to or accompanying any seed or package of seed;“Minister” means the Minister of Agriculture or any other Minister to whom the President may, from time to time, assign the administration of this Act;“registered” means registered in terms of this Act;“registering officer” means the person appointed as registering officer in terms of section three;“seed” means any seed, including seed potatoes, which the Minister has, by statutory instrument, declared to be seed for the purposes of this Act;“seed analyst” means a person appointed a seed analyst in terms of section fourteen;“seed inspector” means a person appointed a seed inspector in terms of section fourteen;“sell” includes to offer, advertise, keep, expose, transmit, convey, deliver or prepare for sale or exchange or to dispose of for any consideration whatsoever or to transmit, convey or deliver in pursuance of a sale, exchange or disposal as aforesaid;“variety” means a subdivision of any kind which can be differentiated from other subdivisions of that kind by growth, plant, fruit or other characteristics and any uniform group which is a first generation hybrid (F1) reconstituted on each occasion by crossing two or more breeding stocks maintained by inbreeding.
3. Appointment of registering officerSubject to the law relating to the Public Service, the Minister shall appoint an officer in the Public Service to be styled the registering officer who shall be in charge of registering sellers of seed and seed testing laboratories.
4. Registration of sellers of seed and seed testing laboratories
5. Cancellation of registrationIf the registering officer is satisfied that any conditions subject to which a seller of seed or seed testing laboratory was registered have not been complied with, the registering officer may cancel such registration.
6. Reasons to be given by registering officerThe registering officer shall, on written application being made within the prescribed period, supply in writing within the prescribed period reasons for his decision in every case where—
7. Appeal to MinisterAny seller of seed or seed testing laboratory—
8. Unregistered person or laboratory may not sell or test seed
9. Use of variety names
10. Requirements relating to seed sold
11. Savings as to sale of seedThis Act shall not apply to the sale of seed—
12. Introduction of Seed Certification or Approval Scheme
13. Provisions of scheme
14. Appointment of inspectors and analystsSubject to the law relating to the Public Service, the Minister may from time to time appoint seed inspectors and seed analysts for the purposes of this Act.
15. Powers of inspectors
16. Importation of seed
17. Sampling of imported seed
18. Requirements relating to seed exported
19. Publication or distribution of false advertisements concerning seed
20. Preservation of secrecyAny person who discloses, except to the Minister or to any other person for the purpose of the performance of his duties or the exercise of his functions under this Act or when required to do so by any court or under any law, any information acquired by him in the exercise of any function under this Act, in relation to the business affairs of any other person, shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year.[subsection amended by section 4 of Act 22 of 2001]
21. Limitation of actions against stateNo claim shall lie against the State, the Minister or a seed analyst, seed inspector or other employee of the State for anything done in good faith and without negligence under the powers conferred by this Act.
22. Testing of seed and publication of resultsThe Minister may direct that seed of a particular variety or varieties which is advertised, offered or displayed for sale in Zimbabwe shall be tested and may authorize the publication in such manner as he thinks fit of the results of any such test.
23. Prohibitions on production or sale of seed
24. Offences and penalties
25. Procedure and evidence
26. Special defences in case of prosecutionsIt shall be a sufficient defence for a person charged with the sale of any seed in contravention of paragraph (a) of section ten if he proves to the satisfaction of the court—
27. Acts or omissions by manager, agent or employee
History of this document
16 August 1971