..
61. Any person who (a) is authorized for the purposes of this Act, publishes or communicates to any person
without lawful authority any intormation acquired by him or her in the course of his or
her authorization; or
(b) is in possession of any information which to his or her knowledge has been
disclosed in contravention of this Act, publishes or communicates that information to
any other person, shall be'guilty of an offence and be liable to a fine not exceeding
Malawi Kwacha equivalent of $5000 or to imprisonment not exceeding one year, or
both.
62. (1) If, upon test made pursuant to the provisions of this Act, any prescribed seed is not
found to conform to the standards of germination and purity prescribed for such seed and is
so reported in the report on such test furnished by an official seed analyst, such prescribed
seed shall not be sold by any person, for sowing, save with the consent in writing of the
Controller of Seeds previously obta'ined, and subject to any conditions as regards such sale
as the Controller of Seeds may impose.
(2). Upon conviction of any person of an offence under this section, the court may, in addition
to any other penalty imposed, decl~any such sub-standard prescribed seed found in the
possession or under the control of the defendant to be forfeited or may order it to be
destroyed without compensation.
(3) Any person who sells any prescribed seed in contravention of subsection (1) shall be
guilty of an offence.
,
.
64. Any person who sells, for sowing, any prescribed seed under a description other than its
varietal name shall be guilty of an offence.
65. A person guilty of an offence under this Act for which a penalty has not been specified
shall he liable to a fine of not more than Malawi Kwacl1a equivalent of $5000 nnd to
imprisonment of not more than one'year, or both in the case of repeat offenders.
66. All registers maintained by the Controller of Seeds under this Act shall, at all reasonable
times, be open to the inspection of any person applying to the Controller of Seeds on
payment of the prescribed fee.
--'--67. The provisions of this Act shall not apply(a).to any sale of prescribed seed, which is not Malawi Certified Seed and which has
been produced by a seed producer on his own land and is sold by him
(i) for sowing by the buyer, and not for purposes of resale; or
(ii) to a seed cleaner in order that it may be cleaned before being sold for sowing;
Provided that it is- sold in a container or containers, upon which, or upon the label
or labels attached to which, appears clearly and legibly the words "for cleaning
purposes only";
(iii) for use as food or as farm feed or for industrial purposes.
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