YH

Collection of Laws for Electronic Access

KENYA

(8) A seed inspector or seed analyst shall, on annual basis, conduct sampling and re-testing of
all seed stored for sale by licensed sellers and shall issue an order to stop sale in respect of seed lots
whose germination capacities are below the minimum prescribed standards.
(9) Where an order to stop sale under paragraph (8) is issued, the merchant shall retrieve the
affected seed lots from all agents, sub-agents and stockists and shall destroy all such seed.
Post Control Plots
19.—(1) Seed lots officially sampled and tested under these Regulations shall be grown in
post control plots in accordance with the Organization for Economic Co-operation and
Development scheme for cultivar purity standards; and such plots shall be open to examination and
assessment by all parties interested in the seed industry.
(2) Upon completion of the examination and assessment of post control plots, the Director,
an officer authorized by him or his agent shall write a report on the number of off-types, foreign
cultivars, diseased plants and other diversions observed in the plots, and shall attempt to determine
the sources of the diversions and possible remedies to eradicate such diversions in subsequent
seasons.
Seed Importation and Exportation
20.—(1) No person shall import seed for sale unless—
(a) he is a registered seed merchant;
(b) such seed complies with the minimum standards set out in the Fourth Schedule, and has
been tested for adaptability in Kenya;
(c) he has submitted a notice of intention to import such seed in Form SR 14 in the Sixth
Schedule, and has, with the approval of the authorized officer, been issued with a seed import
permit in Form SR 15 in the Schedule.
(2) The notice under subparagraph 1(c) shall specify the quantity, the species and the cultivar
of the intended import.
(3) Any seed imported under this regulation shall not be sold unless its quality has been
examined, tested and post controlled, and the importer has given a unique seed lot number to the
consignment.
(4) The marketing of imported seed shall be subject to the provisions of regulation 16 of
these Regulations.
(5) All imported seed shall be accompanied by a phytosanitary certificate and an international
orange certificate of the International Seed Testing Association, and shall meet Kenyan quarantine
requirements as set out in the Plant Protection Act.
Cap. 324

KE011EN

Plant Variety, Regulations (Ch. 326), 01/01/1975 (1991)

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