CHAPTER 308 THE SEEDS ACT [PRINCIPAL LEGISLATION] . Arrangement of Sections AG of O n Section Title io ss mi part i r pe PRELIMINARY PROVISIONS ut ith o 1. Short title. d w 2. Interpretation. ibu te strdi part ii or ESTABLISHMENT OF THE NATIONAL SEEDS CeOdc MMITTEE u 3. Establishment of National Seeds Committee. d pro 4. Committee membership. e r e b 5. Functions of Committee. y 6. Meetings of Committee. k m a o 7. Establishment of sub-committees. s b o i 8. Seed inspector, sampler and analysft t.h 9. Engagement in seed activities. art o 10. Issuance of permits. o pN 11. Establishment of Seed Ceedr . tification Institute. 12. Delegation of powersse o rvf Minister. 13. Minister to makets o rerders. igh All r . part iii InMiaPORTATION, EXPORTATION AND SALES OF SEEDS za 14. CToan ndition for importation, exportation and sale of seeds. 15. t oS feeds standards. 1m6e. n Compensation for loss caused by seed. rn ve G o part iv 02 5 REGISTRATION OF SEEDS DEALERS ©2 17. Registration of seed seller. 18. Issuance of certificate of registration. 19. Cancellation of certificate of registration. 20. Appeals. 21. Prohibition. 545 THE SEEDS ACT [CAP. 308 R.E. 2023] 22. Duty to keep records. 23. Approval and listing of varieties. 24. Powers of inspectors. 25. Substandard seeds. 26. Obstruction of inspectors. G. 27. Analysis of sample. A f O 28. Recognition of seed certification agencies of foreign countries. on o 29. Tempering with samples. siis erm part v ut p MISCELLANEOUS PROVISIONS tho wi 30. Offences and penalties. ute d 31. Offences by body corporate or firm. trib 32. Evidence. r d is o 33. Limitation. d ce 34. Indemnity. rod u 35. Exempted sales. p re 36. Repeal and savings. y b e 37. Compounding of offences. ma 38. Power to make regulations. k bo o thi s S rt CofHEDULE o p a d. N e se rv re hts l ri g . A l an ia an z T t o f en ern m ov 5 G 20 2 © 546 CHAPTER 308 THE SEEDS ACT . An Act to make provisions for the control and regulation of the standards of AG agricultural seeds and for matters incidental to and therewith. O n o f [1st February, 200is5s] io [GN. No.85 of e2r0m05] Acts Nos. t p 18 of 2003 ou 2 of 2010 with 4 of 2014 ute d 3 of 2020 tribs or di d e PART I c rod u PRELIMINARY Pe rRe pOVISIONS ay b Short title 1. This Act may be cited aso tkh me Seeds Act. bo Interpretation 2. In this Act, unless t is f hthe context otherwise requires- “advertisement” i o anrtcludes any statement, picture, design or device- No p (a) publ d. visehed in any newspaper or other publication in r greens eeral circulation to the public; or (b) tsc gh ontained in any publication or any other matter in ll r i A any form which is distributed to members of the public . nia through the public or brought to the public in any other za an manner; f T t o “analyst” means a person appointed or designated as analyst n rnm e pursuant to section 8; ve “basic grade” with respect to seeds means the approved Go 5 progeny of breeders seed produced by seed growers 20 2 © authorised by the institute for production of this grade and which has been managed as to maintain genetic purity and identity to provide a source for the initial and recurring increase of seeds; or if of foreign origin, that the seed is certified by a recognised certification agency or by the Chief Seed Quality Controller as being of basic grade; 547 THE SEEDS ACT [CAP. 308 R.E. 2023] “breeders grade” means approved seed of a variety that has been produced by the breeder responsible for breeding and maintenance of that variety under condition which ensure that the specific characteristics of the variety . are maintained and which provide the source for the G OA initial land recurrent increases of seeds of the pedigree of n grades; or if of foreign origin, that the seed is certifiesdiois by a recognised certification agency as being of brepeed rmers grade; ut o “Certification Institute” means an Institute appoin t wtiehd by the d Minister pursuant to section 11; uteb “certified grade” means the approved pro i digs ter ny of breeder, foundation, registered or certified ord s eed managed to maintain satisfactory genetic idecnedu tity and purity the production of which is superveips roed and approved by the Institute and which provide bse t rhe source of the initial and recurring increase of se e y mdas; or if of foreign origin, that the seed is certified b ok byo a recognised certification agency or by the Chief Q s tuh iality Controller as being of certified grade; f rt o “Committee” om p aeans the National Seed Committee establishe . ed uNnder section 3 of this Act; “class namseer v” includes any mark, description or designation e of ah tsc rlass; “insl prigl ector” means a person appointed or designated as an a. A i inspector pursuant to section 8; n nz a “Director” means a person responsible for agricultural Ta of development; nt e “label” includes any legend, word, mark, symbol or design ern m applied or attached to, included in, belonging to or Gov accompanying any seed or package; 25 20 “Minister” means the Minister responsible for agriculture; © “noxious weed seed” means any seed potentially injurious to agriculture so declared by the Minister by notice published in the Gazette to be noxious weed seed for the purposes of this Act; 548 THE SEEDS ACT [CAP. 308 R.E. 2023] “package” includes a sack, bag, barrel, case or any other container in which seed is placed or packed; “place” includes any building, vehicle, vessel, railway, car or aircraft; . “person” includes an individual, corporation, society, AG O association, enterprise, trustee, receiver or any other of n institution; siois “Quality Declared Seed” means seed produced by a regisptee rmred smallholder farmer which conforms to the spuet o cified standards for crop species concerned and whichit w hhas been d subject to the quality control measures preustceb ribed in the regulations to be made under this Act; tri dis “Recognised Certification Agency” m r d oeans a registered certification agency of a country,d uw cehich is a member to an International Seed Organisparoe tion to which Tanzania is also a member or an offi cbei ar l seed certification agency from a country, whose s emeayd quality standards have been approved by the Direcotkbo or to be similar or higher than those prescribed u tnh ids er this Act or regulations; “standard seed” m f ret oans emergency seed authorised for use by the Ministoe pr a; “seed” meansd . e tNhat part of plant which is or is intended to be usede rfvs or propagation and includes any true seed, any e vegetst h ar tive material including seedling, corn, cutting, b g ll uri lb, bulbil, layer, marcott, root, runner, scion, set, split, . Aia stem, stock, stump, sucker or tuber used or intended to za n n be used; Ta of “seed dealer” includes importers, exporters, processors, nt e producers, sellers and distributors of seeds and owners of ern m seed testing laboratories or any other person dealing with v G o seed under this Act; 5 20 2 “sell” includes sell, offer for sell, expose for sell, have in © possession for sale, and distribution or give away; “sub-committee” means seed sub-committee established under section 7; “Tanzania Pedigree Class” means a class that contains one of the words; 549 THE SEEDS ACT [CAP. 308 R.E. 2023] “Breeders”, “Basic”, “Certified 1”, “Certified 2”, where 1, means first generation and 2 means second generation; “variety” means plant variety; “weed seed” means any plant injurious to agriculture, which . is declared to be so by the Minister for the purpose of the OAG Cap. 133 Plant Health Act. f ion o iss PART II rm t p e ESTABLISHMENT OF THE NATIONAL u ith o SEEDS COMMITTEE d wte rib u Establishment of 3. There is hereby established a technical st r dC i ommittee to be National Seeds Committee known as the National Seeds Committeeed. o ucd Committee 4.–(1) The National Seeds Commeipt rtoee shall be composed of membership r Act No. the following members- be 2 of 2010 s. 31 (a) the Chairman appointeady m by the Minister among persons not holding any p k bo olitical post or Chief Executives of the Governme ntht is; f (b) the officer raerts oponsible for co-ordination and supervision of the s Neoedps industry in the Ministry and shall be the secreteadr . y to the Committee; v (c) thee r se head of the division in the Ministry for the time htsb reing responsible for crop research; ( g lld ri) the head of the division in the Ministry for the time . A nia being responsible for crop development; a nz (e) the Chief Seed Quality Controller; and Ta of (f) the Registrar of Plant Varieties. nte (2) The Minister shall appoint the following to be members ern m v of the National Seeds Committee- o 5 G (a) a representative from the Tanzania Seed Trade 20 2 Association; © (b) a representative from higher learning institution responsible for agriculture; and (c) a representative from seed consumers’ association. 550 THE SEEDS ACT [CAP. 308 R.E. 2023] (3) The Chairman of the Committee may after consultation with members co-opt other members to attend and speak on any matter at any meeting of the Committee, but a person co-opted shall not have the right to vote. . AG Functions of 5.–(1) The National Seeds Committee shall be a stakeholders’ O of Committee forum responsible for advising the Government on all mattesrssi o n relating to the development of the Tanzania seed industry. i erm (2) Without prejudice to the generality of subsectionou ( t 1p), the functions of the National Seeds Committee shall in ith wclude to- (a) advise the Ministry on formulation and imutpe dlementation of the seed industry policy and imisptr ilbementation of guidelines; or d (b) advise the Ministry on theu cei dmplementation and amendment of the seeds legipsrol dation; (c) advise the Minister on alle m r e b atters relating to seeds; (d) give general advice in thaym e co-ordination and supervision of the seed industr k oyo; (e) advise the Minihsist ebr on approval of plant varieties. t rt o f Meetings of 6. The Commit tpeae shall regulate its own procedures of Committee conducting itsd. o mN eetings. rve Establishment of 7. The Nse reational Seeds Committee may, for the purpose of sub-committees effectigihv tes implementation of the functions of the Committee, es. tAa llb r lish such number of sub-committees to perform specific anf iaunctions as it may deem necessary. an z T Seed inspte octf or, 8.–(1) The Minister shall, by notice published in the Gazette, sampleer nand analymst appoint or designate qualified persons to be Chief Seeds n Avcet r No. Certification Officer, seeds inspectors, samplers and analysts o G4 of 2014 s. 20 5 who shall exercise powers in accordance with the provisions 02 ©2 of this Act. (2) For proper seeds inspection, the Minister may, in consultation with the Minister responsible for local government, establish the modalities for the appointment and accountability of the inspector, samplers or analysts of the local government authorities levels. 551 THE SEEDS ACT [CAP. 308 R.E. 2023] (3) Every officer appointed or designated pursuant to subsection (1) shall be issued a certificate, identity card or a document as a proof of his appointment or designation and such documents shall be produced on entering at any place in . the exercise of powers under this Act. OAG (4) The Chief Seeds Certification Officer may permit an of n analyst to perform internal seeds quality control for a privatseiois specified producer, processor and seller or distributer of seeremp ds. ut o Engagement in 9.–(1) A person shall not, when holding the office of Cihthief Seeds seed activities w Act No. Inspector Certification, inspector, sampler or auntea dlyst, engage 4 of 2014 s. 21 in any business connected to seeds producisttir iobn, processing, marketing, importation, exportation or d iosr tdribution either by himself or by agent. d uc e (2) A person who contravenes d p rosubsection (1), commits an offence and on conviction, sbhe arell be liable to a fine of not less than five million shillingmsa ya nd not more than ten million shillings or to imprisonmoe onkt for a term of not less than three years and not more tha b hnis five years or to both. t (3) For the purpo f rts oes of section 8 and this section “authorised inspector, sampl a oe rp and analyst” means a persons authorised to undertake see N dd. quality control activities for and on behalf of the Tanzaneirav e s Official Seed Certification Institute. ts re [s. 8A] igh Issuance of 10A. ll r . The Chief Seed Quality Controller may permit a private permits nsiaza pecified producer, processor, seller or distributor to employ n Ta an analyst appointed under section 8 to effect the internal seed f nt o quality control. rnm e [s. 9] e Gov 25 Establishment of 11.–(1) There is hereby established a body cooperate to be 20 Seed Certification © Institute known as the Tanzania Official Seeds Certification Institute or in its acronym “TOSCI” which shall- (a) have perpetual succession and a common seal; (b) be capable of entering into contracts in its own name; and 552 THE SEEDS ACT [CAP. 308 R.E. 2023] (c) be capable of purchasing or acquiring any movable and immovable property. (2) Any proceedings against the Institute in contract may only be instituted by or against the Government in accordance . Cap. 5 with the Government Proceedings Act. OAG (3) The provisions of the Schedule to this Act shall have n o f effect as to the constitution, tenure of office, management anissd io proceedings of and other matters relating to the Govepren rming Council of the Institute. ut ith o [s. 10] ted w u Delegation 12.–(1) The Minister may, with the exceptioinstr iob f his power of of powers of Minister delegation, assign or delegate some or all d oorf his powers under this Act to any competent institution our d c eindividual. (2) Every assignment or delegaptrioo dn shall be revocable at will, and delegation shall not prebvee rent the exercise of any power by the Minister. ay m (3) In exercising the p oo kwers of delegation, assignment or appointment, the Minhisis bter may enter into contracts with f tcompetent institutirot ons or individuals under such terms and conditions as theo pM a inister may determine. N d. [s. 11] rvee Minister to make 13. The es s Mr inister may make orders- orders (a t ri)g h prescribing the varieties of the seeds of which may be All . sold in Tanzania or imported into Tanzania; nia za (b) classifying the species of plants the seeds of which he Tan deems are weed seeds or noxious seed weed in relation ofnt to seed classes under this Act; rnm e (c) in respect of the detention of anything seized or placed veo under stop sale under the provisions of this Act and for 5 G 02 the preservation or safeguarding anything detained; or ©2 (d) in respect of the disposition of anything forfeited to the Government under this Act. [s. 12] 553 THE SEEDS ACT [CAP. 308 R.E. 2023] PART III IMPORTATION, EXPORTATION AND SALES OF SEEDS G. Condition for 14.–(1) A person, who intends to deal with importation, OA importation, f exportation and exportation, production, processing, distribution, sale or o io n sale of seeds advertisement for sale of seeds shall obtain a permit from tihsse Director or any other person authorised by the Director. erm t p (2) The Director shall, before granting the permit itohor u licence required under subsection (1) ensure that th w ede standards and conditions for importation, productioribn u,t processing, distribution, sale or advertisement for s t r d iasle of seeds, as Cap. 133 provided for in the Plant Health Act ande din o this Act, have been complied with. uc od (3) The Minister shall for the purpr re pose of this Act, prescribe the plant varieties and standardy bs e of the seeds for importation, exportation, production, prko mc aessing and distribution. (4) A person who cso bn otoravenes or fails to comply with a provision of this sect i f ithon, orders or regulations made under this Act in respect aortf o p matters specified in this section, commits an offence. o d. N rve [s. 13] es e Seeds standards 15.–(1h)s Art person who- Act No. rig 4 of 2014 s. 22 (lla) sells, displays for sale, imports, exports any seed under a. A ni a class name or designation so closely resembling a za an class name prescribed under this Act so as is likely to of T be mistaken; or nt me (b) applies, to any seed or package containing seed, a class rn ve name prescribed under this Act so as is likely to be o 5 G mistaken, 022 shall have the duty to ensure that, the seed meets the © requirements prescribed for the class name and is marked, packed and labeled according to the provisions of this Act. (2) A person who, produces or acquires any prescribed seed which has not been tested pursuant to this section or deemed to have been tested under this Act and intends to sell the same for 554 THE SEEDS ACT [CAP. 308 R.E. 2023] sowing, shall, prior to offering the same for sale, cause a sample to be taken in the manner prescribed, and delivered to the institute together with a written statement specifying the origin, kind, variety and quantity of the seed, and other particulars as . may be prescribed and pay the fees required for testing. G OA (3) A person who sells for sowing, any prescribed seed which n o f has been tested or deemed to have been tested in accordaniscse io with the provisions of this Act and found to conform tpoe r mthe prescribed standards shall- ut o (a) where the prescribed seed is sold in sealed wci othntainers, d cause to be printed or stamped upon eacutheb container a label attached or enclosed in clear anddis trliegible letters or figures, the following particulars- d o r (i) the name and address of tdh e uce dealer; (ii) the seed class; ro ep (iii) the name and perce bnetrage by weight of each in the mixture, in ordemr a oyf its predominance; (iv) the name of tbho oek variety of each plant species in the mixture; is th (v) the ger f rmt oination percentage of each component of the mo pi axture, in order of its predominance; (vi) md.e o Nnth and year of germination test; (visie)r vin the case of a seed that is imported, the name of re hts the country of production; and ll r ig (viii) such other particulars as may be prescribed in the . Aia regulations. an nz (b) where the prescribed seed is sold in bulk quantities and a f T a seller is- nt o e (i) a person who caused the test to be made, furnish to ern m the buyer at the time of sale a statement in writing Gov in the prescribed form, containing the name and 02 5 2 address of the certifying agency where the test was © made, the date of the test, and a declaration of the seller that the bulk quantity sold is all or part of that from where tested was taken, together with such other particulars as may be prescribed in the regulations; 555 THE SEEDS ACT [CAP. 308 R.E. 2023] (ii) not a person who caused the test to be made or furnished a copy of the statement to the buyer at the time of sale, in accordance with the provisions of subparagraph (i); or . (iii) a person who caused such test to be made, endorse OAG there upon a declaration that the bulk quantity of n sold is all or part to which the statement relatiesdios at the time he procured the same, together wpei rtmh a statement of the seller containing other paorut ti culars as may be prescribed in the regulation ith d sw. (4) A registered seed dealer shall not producbeu, t eprocess, test, sale, import, export or distribute any seed udnisl teriss- (a) such seed is an approved variety fo r dr o use in Tanzania and its production, processing, tesdtuin ceg, sale or importation has been made subject toe p rcoonditions or limitations prescribed in this Act; r be (b) such seed conforms mtoa y the standards of germination and purity and othboe ork requirements prescribed; (c) such seed is pa is thcked in a container that complies with the requirem f rt eonts prescribed in the regulations; (d) where it ois p aimported, the genus, species and variety of such sde. N e ed, and the country of its origin, is shown in the invseori vce or delivery not accompanying such seed at the st ir e ht me of its importation; or (le ril )g such seed has previously been tested in accordance a. A i with the provisions of this Act and has been found to za n n be of standards of germination and purity prescribed a of T for such seed. nt e (5) A person who- ern m (a) sells seed which is not certified under the provisions of Gov this Act; 25 20 (b) sells or intends to sale or distribute any seed which © upon test by the authorised inspector or the institute is found not to conform to the standards of germination 556 THE SEEDS ACT [CAP. 308 R.E. 2023] and purity prescribed for such seed, or is one reported in the prescribed test results not be sold by any person for sowing; (c) sells for sowing, any prescribed seed under any . description other than its varietal name; AG O (d) sells in bulk quantities, any seed for sowing, without n o f having in his possession or under his control, issa io prescribed certificate or a copy issued or furnpies rhmed under this Act; t ou (e) sells certified seed or imported certifiedw its h eed, for d sowing, and fails to furnish to the buyerb,u taet the time of such sale, a prescribed certificate or a ri dics topy of certificate required to be furnished in respecto or d f such seed; or (f) tests, or purports to test, any ce d uprescribed seed, in any place not being registered oerp raopproved by the Institute, commits an offence and on con vbeic rtion, shall be liable to a fine of not less than one hundre md a my illion shillings and not more than five hundred milliobno oskhillings or to imprisonment for a term of not less than fi tvh ies years and not more than twelve years or to both. rt o f (6) On convioc pt aion for an offence under this section, the court may ined .a Nddition to a penalty imposed, order any seed or equipmers nv t used in commission of offence to be forfeited or e destroy r htse d, without compensation. (ll7 ri) g It shall be a responsibility of a seed dealer to ensure qau. A i ality of his own seed by establishing internal system of an nz quality control and adherence to the provisions of this Act. Ta of (8) It shall be the duty of the Chief Seeds Certification en t Officer, inspector, sampler or analyst to establish the extent of rnme damage suffered by another as a result of offence committed Gov under this Act. 25 20 [s. 14] © Compensation 16.–(1) Where a person is convicted by a court of any for loss caused by seed offence for contravention of section 15, and it appears from Act No. the evidence of Chief Seeds Certification Officer, inspector, 4 of 2014 s. 22 sampler or analyst that some other person, being a farmer or 557 THE SEEDS ACT [CAP. 308 R.E. 2023] a person who ordinarily is expected to use seeds which are the subject of the offence committed, has suffered material loss or personal injury in consequence of the offence committed and that substantial compensation is, in the opinion of the court, . recoverable by that person by civil suit, the court may, in its G OA discretion and in addition to any other lawful punishment, of n order the person convicted to pay to that other person suicshios compensation, in kind or in money, as the court deempse rmfair and reasonable. t ou (2) Where a person is convicted of any offe th wnice under d section 15, the power conferred on the court by ustb ue bsection (1) shall be deemed to include a power to award ctroidis mpensation to any purchaser of any seeds in good faithd oin r relation to which the offence was committed for the losdsu o cef crops that ordinarily would have been grown or such o ro epther pecuniary loss that is directly or indirectly caused if teh rb e seed failed to grow or is destroyed or otherwise decla mreayd to be unfit for use. k bo o [s. 14A] s th i rt o f PART IV a REGI NSoT pRATION OF SEEDS DEALERS . ve d Registration of 17.–(1) Ares eprerson shall not deal in seed business in Tanzania, seed seller ts Act No. unlessh he is registered in accordance with the provisions of ig 4 of 2014 s. 23 thisll Ar ct. a. A ni (2) A person who imports, exports, produces, processes, za an distributes or sells shall, before commencing the business, of T t register with the Institute. n me (3) A person, who owns or operates a seed processing ernv factory or seed testing laboratory shall, before commencing Go 5 business, obtain certificate of registration from the Institute. 02 ©2 (4) An application for registration under this section shall be made to the Institute in the form and manner prescribed in the regulations. 558 THE SEEDS ACT [CAP. 308 R.E. 2023] (5) The Chief Seeds Certification Officer shall, after receipt of application and upon being- (a) satisfied that the applicant complies with the prescribed requirements, enter the name, address and principal . business address of the applicant in the appropriate OAG register as a registered seed dealer and issue certificate n o f of registration in the prescribed form; or iss io (b) dissatisfied that the applicant complies withe rmp the prescribed requirements, require the appliocua t nt to correct the defects in the application or itrh w efuse to d register the applicant. uteb (6) The Institute shall, if it deems necessary i dis tfror the purposes of consideration of the application, mak r de o i nspection on such holdings, warehousing, storage and odtuh ceer facilities which the applicant proposes to use in the bu r espin o ess of a seed dealer. (7) Any registration unde bre rthis section shall, unless cancelled, be valid until the emx apy iry of time provided for in the registration certificate. ok bo (8) A person who coisn th travenes preceding provisions of this section commits an f rt ooffence and on conviction, shall be liable to a fine of not a ol epss than five million shillings and not more than ten millido. e nN or to imprisonment for a term of not less than three yearsse ra vnd not more than five years or to both. re hts [s. 15] l ri g l Issuance of 1ia8. A.–(1) The Director shall, after granting the registration, issue certificate of n registration za a certificate of registration to a seed dealer subject to such n f T a terms and conditions as may be determined by the Minister. nt o e (2) A registration certificate granted shall be conspicuously rnme displayed on the business premises of a registered seed dealer. v G o [s. 16] 02 5 ©2 Cancellation 19.–(1) The Director may, where he is satisfied that any of certificate of registration conditions subject to which a seed dealer was registered have not been complied with, cancel the certificate of registration issued to a seed dealer. 559 THE SEEDS ACT [CAP. 308 R.E. 2023] (2) The Director shall not cancel the registration of a seed dealer under this section unless the dealer has been given an opportunity to show cause as to why the registration should not be cancelled. . [s. 17] G f O A o Appeals 20. A person who is not satisfied by the decision of the Directo ion ssr for refusal of registration, cancellation of registration or permi er it under the provisions of this Act may, within thirty days p o,u ta ppeal to the Minister whose decision shall be final. ith d w ibu te [s. 18] stri Prohibition 21.–(1) A person shall not- d or (a) import, export, produce, proccesds , distribute or sell seeds unless he is registered a u rosd such under this Act; or (b) test, process or multiply ep e rseeds otherwise than in a registered laboratory saeye bd processing factory or a seed multiplication farm.k mo (2) Notwithstanding bo is subsection (1), this Act shall not be construed as preventfi nth o g the sale of quality declared seeds as t such to a neighbouar p r farmer, whereby such seeds are grown by a smallholder No d f. armer for use as seeds in his own farm. (3) Whe e erve a registered seed dealer contracts any person to import,s er exsport, produce, process, distribute or sell seeds, that persoignh t r shall be bound by the terms and conditions provided forA l. ul nder this Act. ia za n [s. 19] n Ta Duty to ket eop f 22.–(1) Every producer, processor, seller or distributor of recordsen nm seeds shall have the duty to keep within his premises, detailed r ov e records, by lot, of seed produced, purchased, sold, tested, and 5 G2 labelled or treated and such records shall be provided to the 0 ©2 inspector whenever requested. (2) A person who contravenes the provisions of this section, commits an offence and on conviction shall be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding three months or to both. [s. 20] 560 THE SEEDS ACT [CAP. 308 R.E. 2023] Approval and 23.–(1) The Minister shall upon advice by the National Seeds listing of varieties Committee approve any new plant variety. (2) The Director shall establish and maintain a national catalogue of approved plant varieties and shall cause to be . entered therein varieties imported, sold or distributed in OAG Tanzania. n o f (3) Subject to the recommendations of the National See io idsss Committee, the Director shall publish in the Gazette the esrmp eed varieties entered in the national catalogue. ut ith o w [s. 21] tedu Powers of 24.–(1) An inspector may, at any reasonablest r ib i time, enter any inspectors place where he reasonably believes there iosr dany seed to which this Act applies and may open any packcaedu ge found therein that he has reasons to believe contains spuroc dh seed and may sample the same for the purpose of ensubrei nreg that the provisions of this Act or of any regulations orm o ayrders made under this Act are being complied with. oo k (2) An inspector mis bh ay, for the purposes of securing t compliance with the rt op frovisions of this Act or of any regulations or orders made uo np ader this Act or for the purposes of detecting and establishidn. g N any breach of any such provisions- (a) con rve seduct field inspection and or take samples of any seed e tsf or und in any package or place and submit such samples h l ri g to the official seeds testing laboratory for testing; or Al ia. (b) require any person to produce for inspection or for anz the purpose of obtaining copies thereof or extracts n f T a therefrom, any books, shipping bills, bills of lading t o en or other documents or papers relating to any seed to m ern which this Act applies. ov G (3) The owner or person in charge of any premises described 5 02 under this section and every person found therein, shall give ©2 to an inspector all reasonable assistance in his power to enable the inspector to carry out his duties and functions under this Act. 561 THE SEEDS ACT [CAP. 308 R.E. 2023] (4) An inspector may where he has reasonable grounds, that any of the provisions of this Act or regulations or orders made under this Act has been violated, seize, issue or stop sale of the seeds or package by means of or in relation to which the . violation was committed: AG O Provided that, any seeds or package seized or placed under of n stop sale pursuant to this subsection shall not be detainesdiois after- ermp (a) the provisions of this Act and the regulations anodu to rders have, in the opinion of the Inspector, been itch w omplied d with; or uteb (b) the expiration of three months fromd tish trie day of seizure or stop sale, unless before that da d toe r proceedings have been instituted in respect of dtuh cee violation, in which event the seeds or package pmroe ay be detained until the proceedings are finally c r obencluded. (5) An inspector shall, b emfaoyre inspection of the premises, take such steps as are rea ok bso nably practical to afford the owner of any seeds an oppor t s thui nity to be present while an inspection under this Act is be f rit no g carried out. pao [s. 22] d. N e Substandard 25.–(1) Wshere vre an inspector is satisfied that any seed regulated seeds re Act No. by thist sA ct is unfit for intended purpose or the provisions of h 4 of 2014 s. 24 thisl Arigct, he may- Al a. i (a) affix to that seed a mark, seal or other designation to za n stop selling such seed or seed lot; n f T a (b) without compensation, destroy or dispose of that seed o en t in any way at owner’s cost; or m ern (c) take such seed to a post-entry quarantine station for Gov further inspection, treatment and disposal. 250 (2) An inspector shall, before destroying or disposing of any ©2 seed in any way other than in accordance with subsection (1)- (a) record or cause to be recorded- (i) a description or other particulars of the seed or seed lot; 562 THE SEEDS ACT [CAP. 308 R.E. 2023] (ii) description of premises where the seed was found; (iii) any witness available and his signature; and (iv) the grounds upon which his decision have been made. . (b) forward a report containing particulars stipulated in AG O paragraph (a) to the Chief Seeds Certification Officer. of [s. 22As]io n is erm Obstruction of 26. A person, being the owner or person entrusted wt p ouith the inspectors charge and custody of any seed lot who- ith w (a) refuses to allow the inspector to take a ustea dmple of the seed from any premises which he is iastur ibthorised under this Act to take a sample or who o r od therwise wilfully delays or obstructs the inspectour d ce; or (b) wilfully makes false or mipsrole dading statement either verbally or in writing to re btehe inspector or other official engaged in carrying omu ayt his duties or functions under this Act, k oo commits an offence. is b f th rt o [s. 23] pa Analysis of 27. An analyd.s o Nt, who receives a sample taken under the sample provisions e erovf this Act from an inspector, shall as soon as is practica e s br lse analyse the same, and shall give a report in the pres ht crigribed form specifying the result of the analysis. All . [s. 24] nia za Recognition oTfa n 28. The Minister may, on the recommendation of the Institute seed certifiocfa tion agencies ot f and by notice published in the Gazette, recognise for the n forei e ngmn countries purposes of this Act, any seed certification agency established Acetrv No. o3 of 2020 s. 80 in any foreign country. G 25 [s. 24A] 20© Tempering with 29. Any person, who fraudulently tampers or interferes with samples any seed lot that any sample of it is taken or submitted for analysis under this Act does not correctly represent the seed 563 THE SEEDS ACT [CAP. 308 R.E. 2023] lot, or fraudulently tampers or interferes with any sample taken or submitted for analysis under this Act, commits an offence. [s. 25] . PART V OAG MISCELLANEOUS PROVISIONS of sio n is Offences and 30.–(1) A person, who contravenes a provision of this Apec rmt or penalties Act No. of any subsidiary legislation made under this Act, com t tho umits an 3 of 2020 s. 81 offence and on conviction except as otherwise prod vwi ided, shall be liable to a fine of not less than one million sh te ibuillings but not r exceeding fifty million shillings or to impris doisn t ment for a term not exceeding five years or to both. r ed o (2) The court may, in addition to andyu cpenalty imposed under o this Act, order any article in respec r retp of which such offence has been committed or which has bye be en used for the commission of such offence to be forfeited. ma k (3) The Minister sha o lblo be responsible for the disposal of anything forfeited to t is f hthe Government under subsection (2). (4) Where an oaffrt eonce has been committed and by reason of that commis o p Nsion a person has suffered a direct damage or loss of his preod . v perty, the court may, in addition to the penalty providedre sf eor r under subsection (1), order the offender to compehnts sate the person who has suffered such loss or damage. rig A(ll5) The court may, in the case of a persistent offender, order, nian . addition to penalties provided for under this section, the nz a a withdrawal of any permit or, certificate of registration or any of T t other right held by the offender under this Act. men [s. 26] rn ov e GOffences by body 31.–(1) Any act which if done by an individual would be an 250 corporate or firm 2 offence against this Act or any regulations or orders made © under this Act shall, if done by a body corporate, be an offence by every director, secretary and manager thereof unless he proves that the offence was committed without his consent or 564 THE SEEDS ACT [CAP. 308 R.E. 2023] connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all circumstances. . (2) Where an offence against this Act or any regulations or OAG orders made under this Act has been committed by a partner n o f in a firm, every person who at the time of the commission io isosf the offence was partner in that firm, or was purporting top aec rmt in that capacity, shall be deemed to have committed thato uo t ffence unless he proves that the offence was committed i withthout his d consent and or connivance and he exercised all te b usuch diligence to prevent the commission of the offence as i d ish tre ought to have exercised having regard to the nature ofd h oris functions in that capacity and to all the circumstances. e uc pro d [s. 27] e r e b Evidence 32.–(1) Any document purpmoyr a ting to be a report under the hand of an analyst appooion kt ed under the provisions of this Act, on any sample du b hisly submitted to him for analysis and f treport, may be admrt oitted in evidence in any civil or criminal proceedings relao tpi ang to the seed sampled without further proof, and shd.a Nll be sufficient evidence of the facts stated therein un e selre vss the defendant or person charged requires that the analy rets st be called as a witness. (l2 h ri)g Where the defendant or person charged requires that Al tiah. e analyst be called as a witness, he shall pay any reasonable za ncosts incurred by such analyst in attending the trial. n f T a (3) A sample which has been taken in the prescribed manner t o en by an inspector shall, unless proved otherwise be deemed to rnme be of the same composition to have the same qualities and to ov G possess in all other respects the same properties of the seed lot 250 from which it was drawn. ©2 [s. 28] Limitation 33. Proceedings in respect of an offence under this Act or under any subsidiary legislation made under this Act shall not be instituted after the expiry of two years from the date when 565 THE SEEDS ACT [CAP. 308 R.E. 2023] the subject matter of the proceedings arose, if the offence is a misrepresentation of the plant variety name or purity of the plant variety. [s. 29] . AG Indemnity 34. Without prejudice to the provisions of section 284A of O Cap. 16 of the Penal Code, matter done by any person exercising osrio n s purporting to exercise any function under this Act or u i enrmder any subsidiary legislation made under this Act shalul t p o not if done in good faith in the execution or purported e xweithcution of the functions under any of the provisions of thuitse dAct or such subsidiary legislation, subject any such persisotrn ib to any action liability, claim or demand whatsoever. d d o r ceu [s. 30] rod Exempted sales 35.–(1) The provisions of this Act srehpe all not apply to a sale, offer or exposure for sell, where suchy ba sale is made by a bailiff, court broker or other officer in thoke m course of executing any order or process of a court. bois (2) The term “s eofl tlh” under subsection (1) shall not be t construed to m e r pa n selling of seeds or anything, which otherwise doesN od. not meet quality standards prescribed under this Act ore rve egulations made under this Act. es s r [s. 31] t igh Repeal and 36. A.– ll r(1) [Repeals Seed (Regulations of Standards) Act, No. 29 savings ano iaf 1973] z Tan (2) Notwithstanding subsection (1), any applicable f t o regulations, rules, order or notice made under the repealed en nm Act, shall remain in force until such time as it is revoked, ve r o cancelled or replaced. G 25 [s. 32] 0 ©2 Compounding 37.–(1) Notwithstanding the provisions of this Act relating of offences Act No. to penalties, where a person admits in writing that he has 3 of 2020 s. 82 committed an offence under this Act or any other sector legislation, the Chief Seed Certification Officer or a person authorised by him in writing may, at any time prior to the 566 THE SEEDS ACT [CAP. 308 R.E. 2023] commencement of the proceedings by a court of competent jurisdiction, compound such offence and order such person to pay a sum of money not exceeding one half of the amount of fine to which such person would otherwise have been liable to . pay if he had been convicted of such offence. OAG (2) Where the person fails to comply with compounding of n order issued under this section within the prescribed periodsi,ois the Chief Seed Certification Officer or a person authorispeed rm by him may, in addition to the sum ordered, require the poeur t son to pay an interest at the rate prescribed in the regulatio th d w ins. (3) Where the person fails to comply with subbsue tection (2), the Chief Seed Certification Officer may enforced th treiis compounding order and interest accrued thereof in th r de o same manner as a decree of a court. ce du (4) The Chief Seed Certificaetpi roon Officer shall submit quarterly reports of all comp r boeunded offences under this section to the Director of Pumba liyc Prosecutions. (5) Forms and mannerb oo okf compounding of offences shall be as prescribed in the re is tghulations made under this Act. rt o f [s. 32A] pao Power to make 38.–(1) The d. M N inister may, after consultation with the regulations rve Act No. Committesee, make regulations for the better carrying into effect 3 of 2020 s. 83 of the ptsr ro evisions of this Act. (l2 h ri)g Without prejudice to the generality of subsection (1), l tiah. e A Minister may make regulations- anz (a) prescribing various forms to be applied under various an f T provisions of this Act; t o en (b) prescribing the manner in which- rnme (i) returns and information shall be rendered or ov G furnished; 5 20 2 (ii) seeds intended for sale shall be packed, labelled, © marked and sealed, and the manner in which seeds may be advertised or exposed for sale; and (iii) seed samples are to be taken and dealt with; (c) prescribing the methods by which analyses are to be carried out by analysts under the provisions of this Act; 567 THE SEEDS ACT [CAP. 308 R.E. 2023] (d) prescribing the terms and conditions and the manner in which seed may be inspected, classified and tested; (e) prescribing the minimum field and seed standards for pre-basic, basic, certified 1, certified 2, quality declared . seed and also seed standards for standard seed class; AG O (f) prescribing standards for a seed testing laboratory, f n o processing factory, seed warehouses, seed selling io io ssr distribution points shops; ermp (g) prescribing procedures for the establishment ofu qt o uality declared seed production; th d w i (h) prescribing the fees that may be charged foutre any services rendered under this Act; and str ib di (i) generally prescribing anything w d ho rich requires to be prescribed under this Act. ce du (3) The Minister may restrict ro epthe application of any of the regulations made under th eb ep r rovisions of subsection (1) to specialised areas or to an my a ygroup or groups of people or premises. oo k b (4) Regulations mathdis e under this section may provide for penalties for the brret oa fch thereof not in excess of the penalties mentioned in thois p aAct. (5) All reedg . Nulations made under this section shall be published ienrvs the Government Gazette. re igh ts [s. 33] ll r a. A an i SCHEDULE z Tan of (Made under section (11(3)) nt me CONSTITUTION, FUNCTIONS AND MANAGEMENT ve rn OF THE SEED CERTIFICATION INSTITUTE 5 G o Management of 1. The power to carry out the functions and management of the business 2 20 institute and affairs of the Institute shall be vested in the Institute’s management © committee. Constitution of 2.–(1) The Management Committee of the Institute shall comprise of Management the following members- Committee (a) one member from the Crop Development Division of the Ministry of Agriculture responsible for seed issues; 568 THE SEEDS ACT [CAP. 308 R.E. 2023] (b) the Head of the National Post-entry Plant Quarantine Station; (c) one member from the Research and Development Division of the Ministry of Agriculture, responsible for biotechnology issues; and . (d) the Chief Seed Certification Officer who is the head of the AG Tanzania Official Seed Certification Institute. f Oo (2) The Minister shall appoint the Chairman of the Management n io Committee and one member from the Tanzania Seed Trade Associatiiossn to be a member of the Management Committee. erm t p Term of 3. Members of the Management Committee shall hold offiouith ce for a management period of three years and shall be eligible for re-appointmde wnt. committee members ibu te str Quorum 4.–(1) Three members of the Management Commi r dittee shall constitute a quorum at any meeting and all decisionse dt oo be arrived at by the Management Committee shall be decided dbuy c a simple majority of the members present. pro (2) Each member of the Manage e em r ent Committee shall have one vote and in the event of equality o b af yvotes, the Chairman of the meeting shall have a second or casting vok tme in addition to his deliberative vote. o Minutes of 5. Minutes in proper forism bo of each meeting of the Management Management Committee have to bef thproperly kept and shall be confirmed by Committee the Management Cormt oa mittee at its next sitting and signed by the Chairperson of theo mp eeting. N Procedures 6. The Manavge de.ment Committee shall have power to regulate its proceduress ien r respect of meetings and proper conduct of its business. re Functions of 7.–(1) Thhts e Institute shall have the following duties to- Institute l ri g l (a) conduct seed field inspections; A a. (b) effect sampling and testing; nia (c) conduct seed inspections; z Tan (d) accredit seed sampling and seed testing laboratories; of (e) charge fees or otherwise generate revenue from the services t en rendered; rnm (f) ensure that the revenue accruing from the fees or any other e ov charge guarantees sustainable and quality services; G 25 (g) train seed producers, seed inspectors and seed analysts; 20 (h) liaise with other International Organisations such as the © International Seed Testing Association on seed related issues; (i) carry out variety performance tests; and (j) carry out pre and post control tests. (2) The Institute shall not engage itself, directly or indirectly in any trade or business connected with the production, processing, importation, sale or distribution for sale of any seed. 569 THE SEEDS ACT [CAP. 308 R.E. 2023] Appointment of 8. The Minister, in consultation with the Management Committee, shall institute’s Chief appoint the Chief Certification Officer. Certification Officer Management 9. The Management Committee may, appoint at such salaries and upon . Committee such terms and conditions such officers and employees, for the proper G may appoint A and efficient performance of the Institute’s functions and it may grant f O employees of o Institute pensions gratuities and allowances to any officer or employee and io n appoint or employ agents and contractors as it may deem necessary. iss rm Seal of Institute 10.–(1) There shall be a Common Seal of the Institute whict hp e shall be of such shape, size and form as the Management Comm u ith oittee may determine. w (2) The Seal of the Institute shall not be affixed tou aten dy instrument except in the presence of the Principal and one Manaisgt reibment Committee member. or d Accounts and 11. The Institute shall keep and maintain upc erdoper books of accounts audit and records relating to its transactions inro daccordance with acceptable accounting standards- p re (a) the financial year of the Ibnestitute shall end on 30th June of each year; may (b) the books of accouonkt o s shall be audited at the end of each financial year byi sa bn authorised auditor duly registered under Cap. 286 the Accountafn tths and Auditors (Registration) Act, and the auditors shaartl ol be appointed by the Management Committee; (c) the accoou pnts and reports of the auditors shall be submitted to th N de. Management Committee not later than four months afterevr e the end of each financial year, and the Management reCs ommittee shall submit a copy of the audit report to the hts Institute within two months after they have been audited; ig ll r and A a. (d) the Institute shall submit a copy of the Institute’s Audit ni Report to the Minister. nz a of Ta nt rnm e ov e 5 G 02 ©2 570