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PART VIII
IMPORT AND EXPORT OF SEED
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37.(a) The minister may ,from time to time by order published in the gazette restrict, limit,
make subject to conditions, or prohibit the importation into Malawi or exportation from
-of any particular variety or class of seed in this act referred to as (restricted seed)
(b) A person who imports or exports any restricted seed in contravention of this Act or any
~--regulations.made...there...under-sl:talw..ilIgJUJlty.oLt.an...c)tt.encle-_ _ _ _ _ _ _ _ __ _ _ _ _ __
Mala~r)
38. (a) No person shall import into Malawi for sale any prescribed seed unless he is a
registered seed importer.
(b) A person who contravenes subsection (a) shall be guilty of an offence.
(1)
No person shall export from the country any seed or propagating material
unless he or she is in possession of a certificate from the Controller of Seeds
authorizing such export
(2)
Any person desiring to obtain any such certificate shall apply therefore to the
Controller of Seeds in the prescribed manner
(3)
After receipt of an application referred to in sUbsection (2) the Controller of
Seeds may undertake such inspection of the plants and propagating material
intended for export as he or she may deem necessary, take such samples
thereof as he or she may deem necessary and test, examine or analyse the
'" ,~==sampl_es .or. causedhe:sarnRWsJQ..be te_sted!=-exflm.irled or _a_D~JysStdJIun~OJ}~[
contemplated in Section (23), and the person who has thus applied shall pay to
the Controller of Seeds on demand the prescribed fees in connection with such
inspection and for the testing, examination or analysis of such samples
(4)
If the Controller of Seeds is of opinion that a consignment of seed may not be
exported, he or she shall prohibit the export thereof in writing
(5)
The provisions of subsection (1) shall not apply with reference to the export of(a)
(b)
seed intended for purposes other than cultivation; or
seed which does not exceed the prescribed quantity
39. (1) No seed importer shall import any prescribed seed into Malawi unless (a) such seed is not restricted seed;
(b) such seed conforms to the seed standards and other requirements prescribed
___.__ ._. __._ther~t()lr_e~~.,·.-:-:--_~~.....-._~--_:___~_ _-_:_:_-~_._--~-__::_--(c) if such seed is packed in a container, such container complies with the provisions of
section 35 as to the manner of labeling;
(d) the genus, spe~es and variety of such seed and the country of 9rigin is shown on
an invoice or delivery note accompanying such seed at the time of its importation.
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(2) The Minister may exempt any seed importer, or any particular species, variety or class
of Prescribed seed, from subsection (1) and such exemption may be subject to such
conditions as the Minster may, in his[/her] discretion, impose.
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