(3) A person who fails to comply with subsection (1) or with any condition imposed by the
Minister under subs.ection (2) shall be guilty of an offence.
40. (1) Upon importation into Malawi of any prescribed seed, the seed importer to whom the
prescribed seed is consigned shall within seven days of its delivery to him[/her], request a
sample to be taken and sent for test to a seed testing laboratory.
(2) No person shall sell or otherwise dispose of imported prescribed seed prior to the
receipt, by the seed importer who imported such prescribed seed, of a report on the
test of the sample thereof from the seed testing laboratory confirming that the imported
prescribed seed conforms to the prescribed seed standards.
(3) A person who contravenes of fails to comply with subsection (1) or (2) shall be guilty of
an offence.
.
41. Nothing contained in this Act shall be construed as prohibiting the importation by any seed
importer, by post, of a sample of any prescribed seed, not exceeding one kilogram and which
is being imported into Malawi solely as a trade sample and its quantity is of no commercial
value.
42. Upon the conviction of any person of an offence under this Part, the court may in addition
to any other penalty imposed, declare any prescribed seed or restricted seed found in
possession or under the control of ~he defendant and connected with the commission of the
offense to be forfeited and may order it to be destroyed without compensation.
PART IX
=
PB.ODUCTION-OF-SEED-r:0R S~n.I~IGA:r:IONt"~E~T-IP:IGA:r:ION ..OFMSEED..AND..sEE
~ 'r
.
CERTIFICATION SCHEME
'.
'--
.
43. Subject to the provisions of this Part, seed may be certified by the Controller of Seeds (a).in the case of seed produced in Malawi, as "Malawi Certified Seed"; or
(b).in the case of imported seed, as "Imported Certified Seed".
44 .The Minister may by order published in the Gazette, specify the variety or varieties of
seed which may be cultivated for the purpose of producing seed for certification as Malawi
Certified Seed or as Imported Certified Seed.
45. (1) Any person who intends to produce seed for certification must notify the Controller of
Seed for such intent.
.
(2) The notification referred to in subsection (1) shall be made in the prescribed form and
shall specify ···~"-",,-,~.,,.=~""'-"... (a) thevariety.or... varieties..of-seed to.be..produced;.·_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
(b) the location where the seed is to· be produced;
(c) the area in hectares that is to be planted; and
(d) the class of seed.
21