YH
Collection of Laws for Electronic Access
KENYA
(5) Breeders shall maintain the standards of pre-basic and classes of the cultivars approved
for certification under paragraph (1).
(6) In cases of natural disasters such as floods, drought or outbreaks of disease, the seed
classes and prescribed standards shall be waived by the Minister and the resultant seed shall be
classified as standard seed.
Seed Inspection
11.—(1) The seed grower or his agent shall, one month after a seed crop is planted, apply for
a field inspection by completing Form SR 5 in the Sixth Schedule and payment of the fee prescribed
in the Fifth Schedule.
(2) A field inspection for the purposes of certification shall be conducted by Government
seed inspectors and shall be confined to registered seed growers’ fields and the fields of advanced
breeder’s lines which have potential for the release as cultivars.
(3) A seed inspector shall have the power of entry into any field registered for field
inspection.
(4) A seed inspector conducting a field inspection shall not certify any crop if he is satisfied
that it does not meet the standards specified in the Fourth Schedule.
(5) The results of each field inspection shall be issued in Form SR 6 in the Sixth Schedule.
(6) Upon completion of a field inspection, any seed crop that meets the prescribed standards
shall be accorded its appropriate class.
(7) Upon completion of the final field inspection, a final inspection report shall be filed in
Form SR 6A in the Sixth Schedule.
(8) Where a registered grower or his agent disagrees with the results of any field inspection,
he may appeal within two days to the Director, for re-inspection.
(9) A re-inspection shall be carried out by a team comprising—
(i) one senior seed inspector;
(ii) one breeder;
(iii) a representative of the aggrieved seed grower; and,
(iv) a representative of the seed merchants; and
where upon a re-inspection a field is approved, the aggrieved grower shall not pay re-inspection fee.
(10) In hybrid seed production, no appeal shall be lodged on grounds of selfing save on
technical grounds only.
KE011EN
Plant Variety, Regulations (Ch. 326), 01/01/1975 (1991)
page 8/53