8
Power to enter premises, carry out inspections, take samples for analysis and seize substances or
articles.
24. (1) An officer authorised under section 23 may at any reasonable time —
(a) enter upon and inspect any place, premises, vehicle or receptacle in which there is or is
suspected to be produced, processed, treated, graded, prepacked, marked, labelled,
removed, transported or sold any seed in respect of which this Act or any scheme
established under this Act applies;
(b) inspect such seed and examine all books and documents which the person has
reasonable grounds to suspect relate to such seed and demand an explanation of any
record or entry therein;
(c) inspect any operation or process carried out in or on such a place in connection with the
production, processing, treatment, grading, prepacking, marking, labelling, removing,
transporting or selling of any seed to which this Act or any scheme established under
this Act applies and demand from the person in charge of such an operation or process
any information or explanation regarding such an operation process;
(d) take samples of any seed used or suspected to be intended for use in the production,
processing, grading, treatment, prepacking, marking, labelling, removing, transporting
or selling;
(e) seize any books, documents and seed which may be used as evidence in connection
with any offence under this Act and remove them from the premises, place, vehicle or
receptacle or leave them on such place, premises, vehicle or receptacle after labelling or
marking such seed, books or documents in such a manner as may be necessary.
(2) If an authorised officer has carried out an inspection in terms of subsection (1), he shall
enter the particulars of the inspection and any decision or instruction on the prescribed form, submit a
copy thereof to the person in charge of the place, premises, vehicle or receptacle in question.
(3) Any samples taken under subsection (1)(d) shall —
(a) consist of such quantity and subject to such conditions as the Registrar may determine;
(b) be taken in the presence of the owner or person in charge of such seed, or if such
persons is not available, in the presence of a witness, and the prescribed form shall be
completed in respect thereof;
(c) be tested, examined or analysed by an official seed testing station referred to in section
25, within reasonable time, and the results of such tests, examination or analyses shall
be entered in the prescribed form.
PART V
ESTABLISHMENT OF AN OFFICIAL SEED TESTING STATION
Establishment of an official seed testing station.
25. (1) A Minister shall, by notice in the Gazette, designate Seed Quality Control Services as the
Official Seed Testing Station for the purposes of this Act.
(2) The Minister shall, by notice in the Gazette relating to the establishment of an Official Seed
Testing Station —
(a) designate an officer who shall perform the functions under this section;
(b) determine for which kinds of seed the results of tests shall be binding under this Act;
(c) determine the information to be supplied by the officer designated under paragraph (a)
as a result of a test and prescribe the form to be used for reporting such results;
(d) prescribe the test conditions under which such tests shall be carried out;
(e) prescribe the tolerances applicable to the test results;
(f) determine the fees payable.
PART VI
REQUIREMENTS RELATING TO SEED, PACKING MATERIAL, SEALS AND LABELS
Requirements relating to seed, packing material, seals and labels.
26. (1) A prescribed seed shall not be offered for sale unless —
(a) it is certified under a scheme referred to in section 22;
(b) it is recognized as imported certified seed under section 22(3);
(c) where it is not produced under any certification scheme, the Minister is satisfied that the
standards applicable to the production and processing of such seed are of the same
quality or better than those applied under section 23 (j) and (k); or
(d) it complies with the requirements referred to in subsection (2).
(2) The Minister may make regulations providing for —
(a) the quality requirements that shall be applicable to different classes of prescribed seed;
(b) the manner in which seed shall be packed, sealed and labelled;
(c) the information that shall appear on seals and label.