Plants
and Fertilizer Act, 2010
ACT 803
1.Purpose
of Part One
2.Minister
to regulate importation of
plants, plant materials and
conveyance
3.Declaration
of importation and examination
by inspector
4.Importation
to conform with International
Plant Protection Convention
5.Consignee
in Ghana to give notice
Export of plants and plant
materials
6.Export
of plant materials
7.Risk
for exportation and spread of
plant pest
Functions and powers of the
Plant Protection and Regulatory
Services Division and Designated
Officers
8.Establishment
of the Plant Protection, and
Regulatory Services Directorate
9.Functions
of the Plant Protection and
Regulatory Services
Directorate"
10.P6~ers
of a designated officer
Containment and eradication of
plant pests
11.Plant
pests regulation or eradication
12.Obligation
to give information o~ a
quarantine pest
13.Measures
by Minister on an infested or
infected quarantine pest
14.Disregard
of notice by an owner or
occupier
15.Annual
review of a plant quarantine
pest
16.Compensation
Plant Protection Advisory
.Council
17.Establishment
of the Plant Protection Advisory
Council
18.Composition
of the Council
17.Establishment
of the Plant Protection Advisory
Council
18.Composition
of the Council
19.Tenure
of office of members
20.Meetings
of the Council
21.Secretary
to the Council
22.Functions
of the Council
23.Disclosure
of interest
24.Establishment
of Committees
25.Allowances
26.Accounts
and Audit
Procedures for handling
complaints
28.Offences
29.Penalties
Registration of seed importers
and exporters
30.Purpose
of Part Two
31.Registration
of seed importers, growers and
cleaners
32.Processing
of application
33.Conditions
of registration
34.Non-transferability
of registration
35.Renewal
of registration
36.Power
to suspend, cancel or modify
registration
37.Seeds
register
Production and marketing of
seeds
38.Seed
production and marketing
39.Importation
and exportation of seeds
40.Sampling
and testing
41.Tagging
and identification of locally
produced seeds
42.Labelling
of seed packages
43.Variety
registration
44.Seed
quality control
45.Seed
inspection
46.Seed
testing
National Seed Council
48.Establishment
of National Seed Council
49.The
functions of the Council
50.Composition
of the Council
51.Tenure
of office of members
52.Meetings
of the Council
53.Disclosure
of interest
54.Committees
of the Council
55.Allowances
56.Technical
and Variety Release Committee
57.Composition
of the Technical and Variety
Release Committee
58.Meetings
of the Technical and Variety
Release Committee
59.National
Variety Release and Registration
Sub-Committee
60.Functions
of the National Variety Release
and Registration Sub Committee
61.Secretariat
Miscellaneous provisions
62.Funds
of the Council
63.Accounts
and audit
64.Annual
and other reports
65.Offences
66.Penalties
Registration of fertilizer
importers
67.The
Purpose of Part Three
68.Registration
of importers, manufacturers and
distributors
69.Processing
of application
70.Conditions
of registration
71.Non-transferability
of registration
|
72.Renewal
of registration
|
|
73.Power
to suspend, cancel or
modify registration
74.Proprietary
information
75.Publication
of information
|
Manufacturing and distribution
of fertilizers
76.Fertilizer
Register
77.Fertilizer
manufacturing and distribution
78.Importation
and exportation of a fertilizer
Packaging and labeling of a
fertilizer
79. Packages and labels
Inspection and analyses
80.Inspection
81.Methods
of inspection, sampling and
analysis
82 Plant nutrient deficiency
83.Inspection
fees
84.Stop
sa1~ order
85.Certificate
of analyst
Inspection Fund
86.Establishment
of the Fund
87.Objects
of the Fund
88.Management
of the Fund
Miscellaneous provisions
89.Misbranding
90.Adulteration
91.Short
weight
92.Harmful
substances
93.Plant
nutrient guarantees
94.Slowly
released plant nutrients
National fertilizer Council
95.Establishment
of the C.ouncil
96.The
functions of the Council
97.Composition
of the Council
98.Tenure
of office of members
99.Meeting
of the Council
100.Disclosure
of interest
101.Establishment
of the Committee
102.Allowances
The Ghana FertilizerRegulatory
Unit
103.Ghana
Fertilizer Advisory Committee
104.Meetings
of the Committee
105.Disclosure
of interest
106.Establishment
of the Pesticide and Fertilizer
Regulatory Division
107.Functions
of the Division
108.Pesticide
and Fertilizer Regulatory
Administrator
109.Units
of the Division
110.Staff
of a Unit
111.Co-operation
with other bodies
112.Accounts
and audit
113.Annual
report and other reports
114.Offences
PART FOUR-PLANTS AND FERTILIZER
FUND
115.Establishment
of Plant and Fertilizer. Fund
116.Objects
of the Fund
117.Sources
of the Fund
118.Bank
Accounts for the Fund
119.Accounts
and Audit
120.Annual
and other reports
PART FIVE-MISCELLANEOUS MATTERS
121.Power
of Minister to assign function
122.Regulations
123~ Interpretation
124. Repeals and savings
ACT
OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
PLANTS AND FERTILIZER ACT, 2010
AN ACT to provide for plant
protection, seeds and fertilizer
control and for related matters.
DATE OF ASSENT: 6th
September, 2010.
PASSED by Parliament and
assented to by the President
Importation and exportation of
plants and plant materials
Purpose of Part One
1. This Part provides for the
efficient conduct of plant
protection, to prevent the
introduction and spread of plant
pests, regulate the import and
facilitate the export of plants
and plant materials and provide
for related matters.
Minister to regulate importation
of plants, plant materials and
conveyance
2. (1) A person shall not import
a plant, plant material or
conveyance without an import
permit and a phytosanitary
certificate.
(2) A phytosanitary certificate
shall be issued by an authorised
person of the exporting country.
(3) An application for an import
permit shall be submitted to the
Minister in the prescribed
manner accompanied with the
prescribed fee.
Declaration of importation and
examination by inspector
3. (1) A person who imports a
plant, plant material, plant
pest, beneficial organism, soil
or packaging material shall
(a)
do so through a designated port
or post office, and
(b)
make a declaration of the import
and submit the declaration
together with the import permit
and phytosanitary certificate to
the Ghana Revenue Authority.
(2) The appropriate officer of
the Ghana Revenue Authority or
the designated post office shall
immediately notify the Plant
Quarantine Services Division of
the Ministry of the arrival of
plant, plant material or other
items that may contain plant
pests and shall not release the
items for distribution before a
plant quarantine officer
authorises the distribution.
(3) On receipt of the notice,
the Plant Quarantine Services
Division shall direct an
inspector to
(a)
examine the plant, plant
material, plant pest, beneficial
organism, soil or packaging
material, and
(b)
issue a certificate for the
examination.
Importation to conform with
International Plant Protection
Convention
4. (1) Any plant, plant material
or other item that may contain
plant pests shall on its
importation into the country be
subject to inspection in
accordance with the procedures
of the International Plant
Protection Convention.
(2) The inspection shall be
conducted by a designated
officer at the point of entry or
at the final destination if the
container is sealed.
(3) Where the Minister requires
that written notice be served on
an
importer as a result of the
inspection and because the
imported items
(a)
present a risk for the
introduction and spread of plant
pests;
(b)
do not satisfy the provisions
of·this Act;
(c)
are not accompanied with the
requisite documents; or
(d)
are imported from a prohibited
location, as prescribed; the
imported items shall be subject
to
(i) quarantine at a plant
quarantine station or a
designated location and an
authorised officer shall be
present for the duration that
the Director considers
necessary;
(ii) appropriate treatment in
order to remove the risk; (iii)
re-exportation; or
(iv) destruction by a means
specified in the notice.
(4) The cost of and
responsibility for any action
taken under subsection (3)
shall be borne by the importer.
(5) The Minister may prohibit or
restrict the release or movement
of imported plants and their
progeny which have been placed
in quarantine.
Consignee in Ghana to give
notice
5.
(1) A consignee who suspects
that an import contains plant
pests shall notify the Plant
Quarantine Services Division of
the Ministry in the region
concerned in writing as soon as
delivery is taken.
(2) The Minister may require a
person involved in the
importation, exportation or
trading in plant material to
register with the Plant
Protection and Regulatory
Services Directorate and to
comply with the requirements
that the Director may reasonably
require.
Export of plants and plant
materials
Export of
plants and plant materials
6.
(1) A person who intends to
export a consignment of plants
or plant materials to another
country for which a
phytosanitary certificate is
required, shall request for safe
pre-export examination or other
inspection and test that may be
required by the declared country
of destination.
(2) The request for the
pre-export examination shall be
made to the Plant Quarantine
Services Division.
(3) Each consignment shall be
examined by a designated officer
and if the designated officer is
satisfied that the prescribed
requirements have been met, the
designated officer shall issue a
phytosanitary certificate in
accordance with this Act.
(4) The examination shall be
conducted within six hours
before the . stated export time
in the case of a perishable
consignment and between six
hours and three days before the
stated export date in the case
of a non-perishable consignment.
Risk for exportation and spread
of plant pest
7. (I) Where the examination of
the plant or plant materials to
be exported reveals that they
present a risk of the spread of
plant pests or do not satisfy
the requirements of the
destination country, the plant
or plant materials shall be
subject to appropriate treatment
followed by re-examination at a
later date.
(2) A re-examination shall be
carried out in the same manner
as the initial examination and
where the items do not meet the
requirements, the designated
officer shall refuse to issue a
phytosanitary certificate.
(3) The cost of and
responsibility for action taken
under subsections (I) and (2)
shall be borne by the exporter.
Functions and powers of the
Plant Protection and Regulatory
Services Directorate and
Designated Officers
Establishment of the Plant
Protection and Regulatory
Services Directorate
8. There is established by this
Act a Plant Protection
Regulatory Services Directorate
of the Ministry.
Functions of the Plant
Protection and Regulatory
Services Directorate 9. The
Plant Protection and Regulatory
Services Directorate shall
(a)
issue phytosanitary import
permits for plants, plant
products
and other related articles; ,
(b)
issue certificates for
phytosanitary regulation of the
import contracting party for the
consignment of plants, plant
products and other regulated
articles;
(c)
carry out surveillance of
growing plants including areas
under cultivation, fields,
plantations, nurseries, garden,
green houses, laboratories, wild
flora, plants and plant products
in storage or in transit,
particularly to report the
occurrence, outbreak and spread
of pets and the control of the
pests;
(d)
inspect consignments of plants
and plant products and where
appropriate other regulated
articles to prevent the
introduction and spread of
pests;
(e)
carry out the disinfestations or
disinfestations of consignments
of plants and plant products and
other regulated articles moving
in international traffic and
ensure that they meet
phytosanitary requirements;
(f)
protect endangered areas and
designate, maintain and carry
out surveillance of pest-free
areas and areas of low pest
prevalence;
(g)
conduct pest risk analyses;
(h)
ensure that the phytosanitary
security of consignments after
certification as regards
composition, substitution and
re-infestation of plants and
plant products intended for
exports are satisfactory;
(i)
train and develop staff;
(j)
disseminate information within
the country about quarantine
requirements and procedures to
prevent and control plant pests;
and
(k)
co-operate with member countries
of the International Plant
Protection Convention.
Powers of a designated
officer
10.
For the purpose of safeguarding
public health, agriculture and
the environment in the country,
a designated officer may at any
reasonable time and on
production of an identity card
(a)
enter any premises or conveyance
where the designated officer has
reasonable grounds to suspect
that there may be plant pests
and the officer may be
accompanied by a police or
customs officer as the situation
determines;
(b)
inspect any plant or plant
material under cultivation, in
storage, or in transit, in order
to report the existence of an
outbreak and spread of plant
pests; .
(c)
inspect a consignment of plant
and plant material imported into
or destined for export out of
the country;
(d)
stop and search without warrant
any person, baggage, container
or conveyance entering or moving
within the country where a
designated officer suspects that
they may harbour a plant pest;
(e)
ensure the disinfestations or
disinfection of consignments of
plants, plant materials or other
imported items or destined for
export from the country and
their containers, packing
material, storage places or
conveyance;
(f)
ensure the disposal of plant
waste from aircraft and any ship
that arrives in the country and
from premises which process or
wash imported, plants and plant
material;
(g)
stop the distribution, sale’ or
use of any plant, plant product
or regulated article and seize
them for a stipulated period
if the designated officer has
reason to believe that it is.
being distributed, sold or used
in contravention of this Act;
(h)
order that an imported plant,
plant product or regulated
article be destroyed or
re-shipped to the country of
origin if found or suspected to
be infected with a regulated
pest; and (i) direct that
a plant, plant product or
scientific research be subject
to terms and conditions that the
Minister may consider
appropriate.
Containment and eradication of
plant pests
Plant pests regulation or
eradication
11.
The Minister may issue
regulations to declare a plant
pest to be a regulated pest if
(a)
it presents or is likely to
present a threat to the
production of or trade in plant
and plant material or to the
natural environment, and
(b)
it is either not known to be
established in this country or
is the subject for eradication
or containment.
Obligation to give information
on a quarantine pest 12.
A person who
(a)
suspects or is aware of a
quarantine pest under this Act,
or
(b) discovers a pest not
known to be present in this
country, shall immediately
notify the Division or the
nearest office of the Ministry
personally.
Measures by Minister on an
infested or infected quarantine
pest
13.
(1) The Minister may
(a)
declare any land, area, or
premises which is infested or
infected, or suspected of being
infested or infected with any
quarantine pest to be under
quarantine;
(b)
prescribe measures for the
treatment or disposal of plants,
plant materials, plant pests,
soil or packing material and the
treatment of conveyances,
whether or not they have been
found to be infested or
infected;
(c)
prescribe the period within
which it shall not be lawful to
plant or replant the whole or
part of an infested or infected
land, area or premises under qmmlnt1ne;
or
(d)
create or use domestic
checkpoints to restrict movement
of plants and plant materials
within regions by establishing
internal plant quarantine
measures.
(2) Where a designated officer
believes that a quarantine pest
may be present on a farm or plant
nursery, the designated officer
may enter the farm or plant
nursery and inspect any plant and
plant material on the production
of an identity card.
(3) Where the designated officer
is satisfied that a quarantine
pest is present at any place, the
designated officer may cause a
written notice to be served on the
owner or occupier of the place.
(4) If the designated officer
considers it appropriate, the
notice will be served on the owner
or occupier of an adjoining land
or premises, ordering each of
them, to take whatever measures
the Minister considers appropriate
to eradicate, contain or restrict
the spread of the quarantine pest
within a period specified in the
notice.
Disregard of notice by an owner or
occupier
14.
If an owner or occupier either
fails to comply with any of the
terms of a notice issued under
section 13 (3) and (4) or is
unable to comply within the
stipulated period, the Minister
may authorise a plant quarantine
officer or other qualified person
to enter on the land or premises
in question in order to carry out
the requirements of the notice.
Annual review of a plant
quarantine pest
15.
(I) The Minister shall annually
review the situation in respect of
land placed under quarantine to
determine whether
(a)
the relevant quarantine pest is no
longer present; or
(b)
it is no longer appropriate for
the quarantine to be maintained
in respect of some or all of the
land under quarantine.
(2) The Minister shall lift the
quarantine by written notice
served on all affected owners or
occupiers of the land if the
Minister finds that the pest is no
longer present or the quarantine
is no longer desirable.
Compensation
16.
(1) The Minister may compensate an
owner or person in possession of a
plant or property destroyed or
harmed by a designated officer in
the performance of a function
under" this Act from moneys voted
for the purpose.
(2) The compensation shall be
estimated on the basis of the
value of the plant or property
destroyed or harmed at the time of
the action.
(3) Where there is a disagreement
as to the amount of compensation
to be paid, the matter shall be
referred to arbitration as
provided for in the Alterative
Dispute Resolution Act, 2010 (Act
798).
(4) The Minister is not obliged to
compensate a person who has
suffered loss as a result of
action taken under this Act if the
action was taken to remedy a
situation caused wholly or
partially by that person's
negligence or failure to comply
with lawful instructions.
Plant Protection Advisory Council
Establishment of the Plant
Protection Advisory Council
17.
There is established by this Act a
Plant Protection Advisory Council.
Composition of the Council
18.
(1) The Council consists of
(a)
the Minister or the representative
of the Minister who is the
chairperson,
(b)
the Director of the Plant
Protection and Regulatory Services
Directorate,
(c)
one representative of the
Universities in Ghana with
specialisation in plant
protection,
(d)
one representative of the Council
for Scientific and Industrial
Research with specialisation in
plant protection,
(e)
one representative of the
Environmental Protection Agency
not below the rank of director,
(f)
one representative of Ghanaian
exporters of plants and plant
products;
(g)
one representative of Ghanaian
importers of plants and plant
products,
(h)
one representative of the Ministry
of Trade and Industry, and
(i)
one representative of the
Narcotics Control Board.
(2) The members of the Council
shall be appointed by the
President in accordance with
article 70 of the Constitution.
Tenure of office of members
19.
(1) A member of the Council shall
hold office for a period of not
more than four years and is
eligible for re-appointment but a
member shall not be appointed for
more than two terms.
(2) Sub-section (1) does not apply
to section 18 (1) (a) and
(b).
(3) A member of the Council may at
any time resign from office in
writing addressed to the President
through the Minister.
(4) A member of the Council who is
absent from three consecutive
meetings of the Council without
sufficient cause ceases to be a
member of the Council.
(5) The President may by letter
addressed to a member revoke the
appointment of that member.
(6) Where a member of the Council
is for a sufficient reason unable
to act as a member, the Minister
shall determine whether the
member's inability to act would
result in the declaration of a
vacancy.
(7) Where there is a vacancy
(a)
under subsection (3) or (4) or
section 23 (2),
(b)
as a result of a declaration under
subsection (6), or
(c)
by reason of the death of a member
the Minister shall notify the
President of the vacancy and the
President shall appoint a person
to fill the vacancy.
Meetings of the Council
20. (I) The Council shall meet at
least once every three months for
the despatch of business at the
times and places determined by the
chairperson.
(2) The chairperson shall at the
request in writing of not less
than one third of the membership
of the Council convene an
extraordinary meeting of the
Council at a place and time
determined by the chairperson.
(3) The quorum at a meeting of the
Council is five members of the
Council or a greater number
determined by the Council in
respect of an important matter.
(4) The chairperson shall preside
at meetings of the Council and in
the absence of the chairperson, a
member of the Council elected by
the members present from among
their number shall preside.
(5) Matters before the Council
shall be decided by a majority of
the members present and voting and
in the event of an equality of
votes, the person presiding shall
have a casting vote.
(6) The Council may co-opt a
person to attend a Council meeting
but a co-opted person shall not
vote on a matter for decision at
the meeting.
Secretary to the Council
21. The Director of Plant
Protection and Regulatory
Services· Directorate shall serve
as the secretary to the Council.
Functions of the Council
22. The Council shall
(a)
develop and promote a national
plant protection system; .
(b)
co-ordinate public and private
sector participation in plant
protection related matters
(c)
provide assistance in the
preparation of Regulations, orders
and notices under this Act;
(d)
provide assistance in the
implementation of Regulations,
orders and notices under this Act;
(e)
examine complaints and objections
lodged in respect of decisions and
measures taken;
(f)
keep records of its deliberations
and attendance at its meetings;
and
(g)
be responsible for any other
matters concerned with plant
protection.
Disclosure of interest
23. (1) A member of the Council
who has an interest in a matter
for consideration
(a)
shall disclose the nature of the
interest and the disclosure shall
form part of the record of the
consideration of the matter; and
(b)
shall not participate in the
deliberations of the Council in
respect of that matter.
(2) A member ceases to be a member
of the Council, if that member has
an interest in a matter before the
Council and
(a)
fails to disclose that interest,
or
(b)
participates in the deliberations
of the matter.
Establishment of Committees
,
24. (1) The Council may establish
committees consisting of members
of the Councilor non-members or
both to perform a function.
(2) Without limiting subsection
(1), the Council shall have a
Complaints Settlement Committee.
(3) A committee of the Council may
be chaired by a member of the
Council.
(4) Section 23 applies to members
of committees of the Council.
Allowances
25. Members of the Council and
Committees shall be paid
allowances approved by the
Minister in consultation with the
Minister responsible for Finance.
Accounts and audit
26. (1) The Directorate shall keep
books of account and proper
records in the form approved by
the Auditor-General ...
(2) The Directorate shall
submit its accounts to the
Auditor-General for audit within
three months after the end of the
financial year.
(3) The Auditor-General shall
not later than three months after
the receipt of the accounts, audit
the accounts and forward a copy of
the audit report to the Minister.
Procedures for handling complaints
Complaints
27. (1) An owner or occupier
of premises or an operator of a
carrier aggrieved by a decision of
the designated officer to destroy,
dispose of or treat plant
material, beneficial organisms,
soil or any plant or plant
products being exported may appeal
to the Minister.
(2) When an appeal is filed,
the Minister shall take reasonable
steps to stay the intended action
to destroy, dispose of or treat
the plant or plant products being
exported pending the determination
of the appeal except where in the
opinion of the Minister delay will
create a significant risk to the
environment in the country.
(3) On receipt of the appeal,
the Minister shall refer the
complaint to the Complaints
Settlement Committee established
under section 24 (2)
(4) Where the complainant is
dissatisfied with the decision of
the Minister, the complainant may
seek remedy in court.
Offences and penalties
Offences
28. (1) A person commits an
offence if that person either
personally or through an agent
(a)
imports or exports a plant or
plant product or regulated article
without an import permit and
phytosanitary certificate;
(b)
assaults, resist, threatens or
wilfully obstructs an authorised
officer exercising powers under
this Part;
(c)
wilfully fails to comply with an
order made or direction given
under this Act;
(d)
wilfully fails to allow a search
or inspection authorised under
this Part;
(e)
knowingly or recklessly provides
information which is false to
obtain a permit or phytosanitary
certificate under this Part;
(f) alters, forges, defaces or
destroys documents issued under
this Act;
(g) imports a prohibited item,
grows, possesses, sells, offers
for sale, transports or
distributes any plant, plant
product or regulated articles
knowing them to be imported into
the country contrary to this Part;
(h)
imports any plant, plant product
or regulated articles at a point
of entry not specified by the
Service; or
(i)
imports any plant, plant product
or regulated articles contrary to
any requirement prescribed under
this Part.
(2) A person who commits an
offence under subsection (1)
(e) may in addition to the
conviction be subject to
suspension or revocation ofthe
permit by the Minister.
Penalties
29 Where the offender under
section 28
is
(a)
an importer, that person is liable
on summary conviction for the
first time, to a fine of not less
than one hundred penalty units or
to a term of imprisonment of not
more than six months and on
subsequent conviction to a fine of
not less than two hundred penalty
units or a term of imprisonment of
not more than one year or to both,
(b)
an exporter, that person is liable
on summary conviction for the
first time to a fine of not less
than one hundred penalty units or
to a term of imprisonment of not
more than six months and on
subsequent conviction to a fine of
not less than two hundred penalty
units or a term of imprisonment of
not more than one year or to both.
(c) a person other than the
importer or exporter, that person
is liable on summary conviction
for the first time to a fine of
not less than one hundred penalty
units or a term of imprisonment of
not more than six months and on
subsequent conviction to a fine of
not less than two hundred penalty
units or a term of imprisonment of
not more than one year or to both.
PART TWO—SEEDS
Registration of seed importers and
importers
Purpose of Part Two
30.The purpose of this Part is to
regulate and monitor the
exportation, importation and
commercial transaction in seeds
and related matters.
Registration of seed importers,
exporters, growers and cleaners
31 (I) A person shall not import
export, produce, clean or sell
airy seed in commercial quantities
unless that person s registered
(2) An application for
registration shall be made to the
Minister.
(3) The application shall we
(a in a form determined by the
Minister, and
(b,) accompanied with a lee
determined by the Minister or
consultation with the Minister
responsible for finance.
Processing of application
32 (1) The Minister shall
(a) acknowledge receipt if the
application for’ registration, and
(b)
within a period of not more than
thirty nays after receipt of the
application inform the app] :ant m
writing or tae decision.
(2) The Minister may refuse o gram
an application where there are
compelling reasons founded on
technical or economic grounds,
national security, public safety o
other reasonable justification for
doing so.
(3) Where the Minister refuses to
grant an application the reason
shall be communicated to the
applicant within fourteen cays
after the decision.
(4)
A
person whose application for
registration is refused may apply
to the Minister for a review of
the accession and the Minister
shall determine the review within
fourteen days after receipt of the
application.
(5)
A
person aggrieved with a decision
of the Minister may apply to
court.
Conditions
of registration
33.Registration granted by the
Minister: under this Part is
subject to the conditions
specified n the certificate of
registration
Non-transferability of
registration
34.Registration is urn
transferable
Renewal of registration
35.
(1) Registration 5 granted for a
period of two years in each
instance and may he renewed under
terms specified by me Minister.
(2) A person who desires to renew
the registration shall submit an
application for renewal’ to the
Minister not later than three
months before the registration
expires except that the Minister
may at a request by the applicant
extend tie renewal deadline.
(3) The procedure for the
renewal of the registration is the
same as that for the grant of the
original registration except that
the fees for renewal shall be
lower that that payable for an
original registration.
(4) A person who fails to renew
the registration as required, or
whose application for renewal is
rejected by the Minister shall
cease to deal in seeds
Power to suspend, cancel or modify
registration
36.(1 ) ‘The Minister rmay suspend
cancel or modify a registration if
there is a good reason for
the suspension, cancellation or
modification.
(2) The Minister shall not suspend
cancel or modify a registration
unless the Minister has given the
holder of the registration
(a) a leas thirty working days
written notice in the case of
suspension, or
(b) at least thirty working days
notice.
(3) The notice shall state
(a) that the minister proposes to
suspend, cancel or modify the
registration, and
(b,)
the reason for tie suspension,
cancelation or modification of the
registration.
(4) The notice shall be given
(a) by publication in a manner
that the Minister considers
appropriate to bring the
suspension, cancellation or
modification to the attention of a
person likely to be affected by
the notice, and
(b,)
by sending copy of the notice to
the affected person.
(5) On receipt the notice, the
affected person may make a
representation to the Minister
within fourteen days.
(6) The Minister shall consider a
representation or objection made
wthin fourteen days before the
suspension, cancellation or
modification of
the registration is made
Seeds register
37
For the purpose a” section 30,
the Ministry shall keep a
Seeds Register in which shall be
recored
(a) seeds and crop varieties
produced in this country or
imported to the country
(b,)
the names, addresses on principal
places of business and other
particulars of entities
registering as seed dealers; and
(c)
other information that the
Minister on the advice of the
Council considers relevant arid
necessary for seed production and
marketing.
Production and marketing of seeds
Seed production and marketing
38. (1) Subject to subsection (2),
a person who is registered to
produce or market seeds of a
particular class may only market
or produce seeds of that class.
(2) Subject to the Exports and
Imports Act 1995, (Act 503) a
person shall not produce,
condition or market any seed
unless
(a) the seed is of a registered
variety;
(b)
it is of a standard prescribed by
this Act or its Regulations;
(c)
it is multiplied in a seed
multiplication farm, conditioned
in a seed conditioning plant or
tested in a registered
laboratory; and
(d)
it is packaged and labelled as
prescribed by this Act or its
Regulations.
Importation and exportation of
seeds
39.(1) A person who intends to
import seeds of any crop
(a) for the purpose of seed
production for experimental or
research purposes, or
(b,)
for direct and commercial
distribution to farmers for
production
shall submit samples of the seeds
to the Director for testing by an
accredited research institution or
entity.
(2) The Director shall submit the
report of the test to the Minister
who shall approve or prohibit the
importation of the seeds on the
basis of the recommendations
contained in the report.
(3) On approval of the importation
of the seeds, the Minister shall
authorise the importer to produce
the seeds for commercial
production and distribution.
(4) Seeds produced locally under
subsection (1) may be exported.
Sampling and testing
40. A designated officer of the
Ministry or a person authorised or
accredited by the Ministry shall
sample and test seeds in
accordance with the International
Seed Testing Association rules.
Tagging and identification of
locally produced seeds
41.Locally produced seeds shall be
tagged as follows for the purposes
of identification:
(a) white for basic seeds;
(b)
blue for first generation
certified seeds; and
(c)
red for second generation
certified seeds and hybrid seeds.
Labelling of seed packages
42. Seeds produced or marketed in
this country shall be packed in
containers which shall be securely
closed and labelled with an
approved label which states the
(a) species;
(b)
variety name;
(c)
lot number and seed class;
(d)
minimum moisture content;
(e)
germination rate in percentage;
(1) date of analysis;
(g) purity percentage;
(h)
weight;
(i)
year of production;
(j) name and address of the
grower;
(k)
code of the analyst;
(I)
warning text or symbol where the
seed is treated; and
(m) variety registration.
Variety
registration
43.
(1) The Ministry shall prepare an
official list of varieties of
seeds which can be registered and
marketed in the country.
(2) Without limiting the
effect of subsection (1) a new
variety shall
(a) only be introduced into this
country after approval has been
obtained from the Ministry;
(b)
be entered in the national variety
list when it conforms to
distinctness, uniformity,
stability and value for
cultivation subject to Regulations
on variety releases in this
country; and
(c)
be registered as a result of
regional agreements on variety
release and registration.
(3) An accredited public
organisation shall conduct tests
to establish distinctness,
uniformity and suitability or
value for cultivation
or use
in accordance with the guidelines
established by the National
Technical and Variety Release
Committee
(4) The requirements and
procedures for variety testing,
release and registration of seeds
sball be prescribed by
Regulations.
Quality control
of
seeds
Seed quality control
44. (1) Seed species and varieties
multiplied and certified under
this
Act shall be classified into
(a)
parental material,
(b)
pre-basic seed or breeder
(c)
basic seed or foundation, and
(d)
certified seed.
(2) The Minister on the advice of
the National Seed Council shall
(a)
by Regulation prescribe the
denominations which shall be used
for vegetative materials; and
(b)
establish which crops will be
eligible for certification.
(3) Seeds shall only be certified
if they are subject to field
inspection, sampling and
laboratory testing by an
accredited person authorised by
the Plant Protection and
Regulatory Services Directorate to
verify compliance with standards.
(4) The Minister shall determine
the requirements and procedures
for accreditation on the advice of
National Seed Council.
(5) Individuals, third parties,
seed laboratories or seed entities
shall be allowed to inspect
fields, sample and test seeds and
deal with the issuance of labels
subject to Regulations made under
this Act.
(6) The Minister shall prescribe
the requirements and standards for
classes of seeds by Regulations on
the advice of the National Seed
Council and in accordance with
regional or international
agreements.
(7) Certified seeds shall bf'
packed in containers which shall
be
securely closed and bear a
ce11ification label which states
the
(a)
name of species;
(b)
variety of species;
(c)
lot number and seed class:
(d)
minimum moisture content;
(e)
minimum germination percentage;
(f)
minimum purity; (g) weight;
(h)
year and month of harvesting; (i)
name of certification body;
and
(j)
warning test or symbol when the
seeds are treated.
(8) Certification labels shall be
in accordance with the following
standards:
(a)
white with diagonal violet stripes
for parent materials and
pre-basic seeds;
(b)
white for basic seeds;
(c)
blue for first generation
certified seeds; and
(d)
red for second generation
certified seeds and F 1 hybrid
seeds.
(9) A person shall correctly label
seeds produced, imported,
advertised and marketed in this
country that do not fall under the
species for which certification is
required.
(10) Where a seed does not require
certification, the seed shall only
be subject to sampling and
laboratory test compliance with
the relevant information on the
label.
Seed inspection
45.
(1)
The Minister may designate a
qualified person to act as an
inspector to inspect, sample, test
and analyse seeds and enforce the
provisions of this Act.
(2) An inspector shall be given an
identity card or a document as a
proof of that person's designation
and the identity card shall be
produced on entering any place in
the exercise of the inspector's
powers under this Act.
(3) A person, while holding the
office of a seed inspector, shall
not engage in any business
connected with the production,
processing, sale or importation of
seeds or directly in any trade or
business connected with dealing
in seeds.
(4) For the purpose of inspection
the inspector on production of an
identity card may
(a)
enter any building, yard or
warehouse;
(b)
enter premises, storage or
transport facilities where there
are reasonable grounds to believe
that there are seeds to which this
Act applies and a field used for
the production of seeds for which
certification is required;
(c)
inspect seeds found in a place and
take samples of the seeds for
analysis;
(d)
require a person to produce
documents on seeds to which this
Act applies for examination or to
obtain copies or extracts of the
documents; or
(e)
at any reasonable time, inspect
and make copies of any records
required to be kept in accordance
with this Act.
(5)
An inspector shall take seeds or a
sample of seeds and send them to
an authorised or accredited
laboratory for analysis or
examination where necessary
(6) An inspector may stop
the sale of any seed where the
inspector has reasonable cause to
believe that the seed does not
meet the required standard.
(7) Where a sale of seeds
has been stopped by an inspector,
the inspector shall immediately
issue a notice to that effect to
the owner of the seeds or the
person selling the seeds.
(8) A seed inspector may
confiscate a seed where the seed
does not meet the required
standard.
(9) Where proceedings have
been instituted in respect of an
offence, a seed or a seed package
may be detained until proceedings
are finally concluded.
(10) Where a person is
convicted of an offence in
relation to seeds the seed which
is the subject of the defense
shall be confiscated to the State.
(11) Seeds which are
confiscated shall be disposed of
in accordance with the directives
of the Minister.
(12) An aggrieved person may
lodge a complaint with the
Ministry in case of misconduct by
an inspector within fourteen days,
including the misuse of the
inspector’s powers under
subsections (4) and (6) of this
section without a valid reason..
Seed testing
46. (1) There shall be
designated by the Minister on the
advice of the Seed Council a seed
laboratory as the official seed
testing laboratory
(2) The official seed
testing laboratory has
responsibility to
(a) ensure that seed testing is
carried out in accordance with the
International Seed Testing
Association rules;
(b)
obtain and maintain membership of
the International Seed Testing
Association to enhance seed import
and export opportunities;
(c,)
ensure quality assurance in the
operation and maintenance of
accredited laboratories within and
outside the Ghana Seed Inspection
Division; and
(d) establish the criteria,
conditions and procedures for the
implementation of the
authorisatiun or accreditation of
other public or private sector
seed laboratojies in the country.
Pit-basic seed
47.(1) The Ministry shall ensure
the existence of a pre-basic seed
for the generation of G 1, G2 or
G3 seed between parent material
and a basic seed.
(2) A pre-basic seed is produced
directly by the maintainer of the
variety or an authorised agent.
National Seed Council
Establishment of National Seed
Council
48. There is established by this
Act a National Seed Council.
Functions of the Council
49. The functions of the Council
are to
(a) formulate policies for the
development, production,
inspection, sampling, analysis,
conditioning and marketing of
seed;
(b) monitor
the supply of seeds ro ensure seed
security in the country at all
times;
(c)
develop procedures for the
registration of cultivars;
(d) prescribe standards for see is
and procedures for the
certification of seeds;
(e)
publish annually in the Commercial
and Industrial Bulletin, a list of
varieties of crop for which seed
marketing is permitted in the
country
(f)
recommend to the Minister fees for
the certification and testing of
seeds;
(g,)
prescribe procedures tor
accreditation
(h)
determine a class of non-certified
seeds which may be used in case
of acute seed shortages arid
(i)
perform other functions that are
specified under this Act that are
assigned by the Minister.
Composition of the Council
50.(1) The Council consists
of
(a) the Minister or the
representative of the Minister who
is the chairperson,
(b)
the Director-General of the
Council for Scientific and
Industrial Research or a
representative of the
Director-General not below the
rank of a Director,
(c)
the Director, Crop Services
Directorate of the Ministry,
(d)
the Director, Plant Protection and
Regulatory Services Directorate of
the Ministry,
(g) one representative of the Seed
Growers Association of Ghana,
(k)
one representative of the national
farmers association, and
(1) one representative of the
Biotechnology and Nuclear
Agricultural Research Institute;
and
(m) two other persons nominated by
the President one of whom is a
woman.
(2) The members of the Council
shall be appointed by the
President in accordance with
article 70 of the Constitution.
Tenure of office of members
51. (1) A member of the
Council shall hold office for a
period of not more than four years
and is eligible for re-appointment
but a member shall not be
appointed for more than two terms.
(2) A member of the Council may at
any time resign from office in
writing addressed to the President
through the Minister.
(3) A member of the Council who is
absent from three consecutive
meetings of the Council without
sufficient cause ceases to be a
member of the Council.
(4) The President may by letter
addressed to a member revoke the
appointment of that member.
(5)
Where a member of the Council is
for a sufficient reason act as a
member, the Minister shall
determine whether the inability to
act would result in the
declaration of a vacancy.
(6) Where there is a vacancy
(a) under subsection (2) or (3)
or section 53 (2);
(b,).
as a result of a declaration under
subsection (5), or
(c)
by reason of the death of a member
the Minister shall notify the
President of the vacancy and the
President shall appoint a person
to fill the vacancy.
Meetings of the Council
52.(1) The Council shall meet at
least once every three months for
the despatch of business at the
times and places determined by the
chairperson.
(2) The chairperson shall at the
request in writing of not less
than one third of the membership
of the Council convene an
extraordinary meeting of the
Council at a place and time
determined by the chairperson.
(3) The quorum at a meeting of the
Council shall be five members or a
greater number determined by the
Council in respect of an important
matter.
(4)
The chairperson shall preside at
meetings of the Council and in the
absence of the chairperson, a
member of the Council elected by
the members present from among
their number shall preside.
(5) Matters before the Council
shall be decided by a majority of
the members present and voting and
in the event of an equality of
votes, the person presiding shall
have a casting vote.
(6) The Council may co-opt a
person to attend a Council meeting
but a co-opted person shall not
vote on a mailer for decision at
the meeting. Disclosure of
interest
53. (1) A member of the Council
who has an interest in a matter
for consideration
(a) shall disclose the nature of
the interest and the disclosure
shall form part of the record of
the consideration of the matter;
and
(b)
shall not participate in the
deliberations of the Council in
respect of that matter.
(2) A member ceases to be a member
of the Council, if that member
-has an interest in a matter
before the Council and
(a
fails to disclose that interest or
(b)
participates in the deliberations
of the matter.
Committees of the Council
54.(1) The Council may establish
committees consisting of members
of the Council or non-members or
both to perform a function except
that a committee consisting
entirely of non-members may only
advise the Council.
(2) Section 53 applies to members
of the Committees of the Council
and persons may be co-opted to
serve on those Committees.
Allowances
55.Members of the Council and
members of a sub-committee of the
Council shall be paid allowances
approved by the Minister in
consultation with the Minister
responsible for Finance.
Technical and Variety Release
Committee
56.There is established the
Technical and Variety Release
Committee of the Council whose
functions are to
(a)
advise the Council on
(i)
the procedures for the
registration of cultivars;
(ii) the prescribed standards for
seeds and procedures for the
certification of seeds;
(iii) the publication annually in
the Commercial and Industrial
Bulletin of a list of varieties of
crops grown in the country; and
(iv) the fees for the
certification and testing of
seeds;
(b)
recomend for the approval of the
Council, crop varieties to be
released or withdrawn from the
register as well as crop species
to be included;
(c)
recommend varieties for withdrawal
where the maintainer does not have
that seed variety available or the
seed does not represent its
original variety;
(d)
create and update the National
Variety Register; and
(e)
any other technical matters
requested by the Council.
Composition
of the Technical and Variety
Release Committee
57 The Technical and Variety
Release Committee consists of;
(a) the Director of the
Directorate of Crop Services of
the Ministry as the chairperson;
(b)
the Director of the Crops Research
Institute; -
(c)
the Director, Directorate of
Agricultural Extension Services of
the Ministry;
(c/) the Head of the Ghana Seed
Inspection Division of the
Ministry;
(e)
the Director of the Savannah
Agricultural Research Institute
(f)
the Director of the Directorate of
Women in Agricultural Development
of the Ministry;
(g) one representative of one of
the Faculties of Agriculture in
one of the universities in Ghana
nominated on a rotational basis
for a term of three years at a
time by the universities;
(h)
one representative from the
private sector who is engaged in
the seed industry;
(i)
the Executive Director of the
Grains and Legumes Development
Board;
(j)two
representatives of farmers in the
country;
(k)
the Director of the Plant
Protection and Regulatory Service
Directorate of the Ministry;
(1)
the Director of the Plant Genetics
Resources Institute;
(m) one representative of the
Biotechnology and Nuclear
Agricultural Research Institute;
and
(n)
any other person related to seed
activity recommended by the
Council and approved by the
Minister.
Meetings of the Technical and
Variety Release Committee
58.
(1) The Committee shall meet as
and when necessary for the
despatch of business at the times
and places determined by the
chairperson.
(2) The chairperson shall request
for a meeting in writing of not
less than one third of the
Membership of the Committee at a
place and time determined by the
chairperson.
(3) The quorum at a meeting of the
Committee is five members or a
greater number determined by the
Council in respect of an important
matter.
(4) The chairperson shall preside
at meetings of the Committee and
in the absences of the
chairperson, a member present from
among their number shall preside.
(5) Matters before the Committee
shall be decided by a majority of
the members present and voting and
in the event of an equality of
votes, the person presiding shall
have a casting vote.
(6) The Committee may co-opt a
person to attend a Committee
meeting but a co-opted person
shall not vote on a matter for
decision at the meeting.
National Variety Release and
Registration Committee
59.
Without limiting section 54,
there is established the
National Variety Release and
Registration Committee which
consists of
(a)
the Director of the Directorate of
Crop Services of the Ministry as
the chairperson;
(b)
the Director of the Crops Research
Institute;
(c)
the Director, Directorate of
Agricultural Extension Services of
the Ministry;
(d)
the Head of the Ghana Seed
Inspection Division of the
Ministry;
(e,)
the Director of the Savannah
Agricultural Research Institute;
(f) the Director of the
Directorate of Women in
Agricultural Development the
Ministry;
(g) one representative of one of
the Faculties of Agriculture in
one of the universities in Ghana
nominated on a rotational basis
for a term of three years at a
time by the universities,
(h)
two representatives from the
private sector who are engaged in
the seed industry;
(i)
one representative of the Cocoa
Research Institute of Ghana, (0
one representative of the Grains
and Legumes Development Board;
(k)
three representatives of farmers
in the country;
(I)
the Director, Forest Research
Institute of Ghana;
(m)one
Plant Breeder each from the Crops
Research Institute and Savannah;
and
(ii,) any other person related to
the seed activity recommended by
the Council.
Functions of the National Variety
Release and Registration Committee
60.The functions of the National
Variety Released and Registration
Committee are to
(a) recommend For the approval of
the Council, crop varieties to be
released or Withdrawn from the
register, as well as crop species
to be included;
(b,)
recommend varieties for withdrawal
where the maintainer does not have
that seed variety available or the
seed does not represent the
original variety; and
(c,)
create arid update the national
variety list.
Secretariat
61The Council shall have a
Secretariat at the Ministry which
shall provide secretariat services
that the Council may require for
the effective performance of its
functions
Miscellaneous provisions
Funds of the Council
62.
The
hinds of the Council include
(a) moneys provided by Parliament,
(b)
donations, grants and gifts that
do not compromise the interest of
the Council, and
(c)
any other moneys that are approved
by the Minister responsible for
Finance.
Accounts and audit
63. (1) The Council shall keep
books of account and proper
records in relation to them in the
form approved by the
Auditor-General.
(2) The Council shall submit the
accounts of the Council to the
Auditor.General within three
months after the end of the
financial year.
(3) The Auditor-General shall not
later than three months after
receipt of the accounts, audit the
accounts and forward a copy of the
audit report to the Minister
.(4) The financial year of the
Council shall be the same as the
financial year of the Government.
Annual and
other reports
64.(1) The Council shall within
one month after the ~receipt of
the audit report submit an annual
report to the Minister covering
the activities and the operations
of the Council for the year to
which the report relates.
(2) The annual report shall
include the report of the
Auditor-General.
(3) The Minister shall, within one
month after the receipt of the
annual report submit the report to
Parliament with a statement that
the
Minister considers necessary
(4) The Council shall also submit
to the Minister any other report
which the Minister may require in
writing.
Offences
65.
(1) A person commits an offence
under this Act if that person
(a)
being the owner or a person
entrusted with the custody of any
seed lot
(i)
refuses to allow an inspector to
take a sample of seeds from the
lot which the inspector is
authorized under this Act to take;
(ii) otherwise delays or obstructs
an inspector in the performance of
the inspector’s functions;
(iii) wilfully makes a false or
misleading statement either
verbally or in writing to an
inspector while discharging duties
under this Act;
(b)
fraudulently tampers with any seed
sample that is taken or submitted
for analysis;
(c)
publishes or distributes any false
advertisement on seeds;
(d)
without lawful authority, alters
or defaces a certificate, record
label or other document, specified
in this Act;
(e)
sells, offers or exposes for sale
or distributes any seed without
an appropriate label;
(1) imports restricted or
prohibited seeds; or
(g) imports, advertises or markets
seeds without a label.
(2) An inspector or seed analyst
who without good reason fails to
perform a function required to be
performed under this Act or gives
false information in the
performance of that function is
liable to disciplinary action by
the Ministry in addition to any
other penalty which that person
may be liable to under this Part.
Penalties
66.
(1) A person who commits an
offence is liable on summary
conviction to a fine of not less
than two hundred penalty units or
a term of imprisonment of not more
than two years or to both.
(2) A person whose seeds are
confiscated shall pay for the cost
of disposal, failing which that
person commits an offence and is
liable on summary conviction to
the fine in subsection (1).
(3) The Ministry may in the case
of a persistent offender, order,
in addition to penalties provided
for under this section, the
withdrawal of any permit or
certificate of registration issued
to the offender under this Act.
PART THREE—FERTILIZER CONTROL
Registration of fertilizer
importers
Purpose of Part Three
67.The
purpose of Part Three is to
provide for the control and
regulation of fertilizers.
Registration of importers,
manufacturers and distributors
68. (1) A person
shall not import, manufacture or
distribute fertilizers in
commercial quantities unless that
person is registered.
(2) An application for
registration shall be made to the
Minister
(3) The application shall he in a
form determined by the Minister
and be accompanied with a fee that
the Minister on the advice of the
National Fertilizer Council shall
deterirune
.Processing
of application
69.(1) The Minister shall
(a) acknowledge receipt of the
application for registration, and
(b) within a specified period of
not more than sixty days after
receipt of the application, inform
the applicant in writing of the
decision.
(2) The Minister shall register
the applicant when satisfied that
the fertilizer in respect of which
the application is made is
suitable for this country.
(3) The Minister may refuse to
grant an application where there
are compelling reasons founded on
technical or economic grounds,
national security, public safety
or other reasonable justification
for doing so.
(4) Where the Minister refuses to
grant an application, the reason
shall be communicated to the
applicant within fourteen days
after the decision.
(5) A person whose application
for registration is refused may
apply to the Minister for a review
of the decision.
Conditions of registration
70. Registration granted by the
Minister under this Act shall be
subject to the conditions
specified in the registration.
Non-transferability of
registration
71.Registration granted is not
transferable.
Renewal of registration
72. (1) Registration is granted
(a) in the case of manufacturers,
for five years in the first
instance and is renewable for two
years at any one time,
(b)
in the case of importers and
distributors, for two years in the
first instance and may be renewed
under terms specified by the
Minister.
(2) A person who desires to renew
the registration shall submit an
application for renewal to the
Minister not later than three
months before the registration
expires except that Minister may
extend the time for the renewal.
(3) The procedure for the renewal
of the registration is the same as
that for the grant of the original
registration except that the fees
for renewal shall be lower than
that payable for an original
registration.
(4)
A
person who fails to renew the
registration as required, or whose
application for renewal is
rejected by the Minister shall
cease to deal in fertilizers.
Power to suspend, cancel or modify
registration
73.(1) The Minister may by notice
in writing suspend, cancel or
modify a registration.
(2) The Minister shall not
suspend, cancel or modify a
registration unless the Minister
has given the holder of the
registration
(a)
at least thirty working days’
written notice in the case of
suspension, or
(b)
at least sixty days’ written
notice in the case of cancellation
or modification.
(3) The notice shall state
(a)
that the Minister proposes to
suspend, cancel or modify the
registration, and
(b)
the reason for the suspension,
cancellation or modification of
the registration.
(4) The notice shall he given
(a)
by publication in the Gazette
or in a manner that the
Minister considers appropriate to
bring the suspension, cancellation
or modification to the attention
of a person likely to be affected
by the notice, and
(b)
by sending a copy of the notice to
the affected person.
(5) On receipt of the notice, the
affected person may make a
representation to the Minister.
(6) The Minister shall consider a
representation or objection made
to it before the suspension,
cancellation or modification is
made.
Proprietary information
74.(1) The Ministry shall treat,
as proprietary, any information
supplied by an applicant for a
certificate of registration.
(2) For the purposes of this
section proprietary information
includes
(a) tonnage reports,
(b)
data from testing program for
slowly released products,
(c)
analytical methods for evaluating
a slowly released product, and
(d)
other information considered
exclusive to the applicant.
Publication of information
75.
The Ministry shall publish
annually in a form that it
considers appropriate
(a) information concerning the
distribution of fertilizers in
Ghana by tonnage in regions and
districts, and
(b)
results of analyses based on
official samples of fertilizers
taken by inspectors as compared
with the guarantee analysis.
Manufacturing and distribution of
fertilizers
Fertilizer Register
76. The Ministry shall keep a
Fertilizer Register in which shall
be recorded
(a) types of fertilizer
manufactured in this country or
imported into this country;
(b) the names, addresses,
principal places of business and
other particulars of entities
registered as dealers in
fertilizers; and
(c)
other information that the
Minister on the advice of the
Council considers relevant and
necessary for fertilizer
importation, manufacture or
distribution.
Fertilizer manufacturing
and distribution
76.(1)
Subject to subsection (2), a
person who is registered to
manufacture or distribute a
fertilizer of a particular type
may only manufacture or
distribute a fertilizer of that
type..
(2) Subject to the Exports
and Imports Act, 1995 (Act
503) a person shall not
manufacture, condition or
distribute any fertilizer unless
(a) the fertilizer is registered;
(b)
it is of a standard prescribed by
this Part or Regulations;
(c)
it is manufactured in a registered
facility and tested in a
registered laboratory; or
(d)
it is packaged and labelled as
prescribed by this Act or
Regulations.
(3) A person registered under this
Act shall inform the Division in
writing of additional distribution
points during the subsistence of
the registration.
Importation and exportation of a
fertilizer
78. (1) A person who is not
registered may import a fertilizer
of any type for local use if at
the time of importation of the
fertilizer, that person makes a
declaration in triplicate to the
Commissioner-General or a person
authorised by the
Commissioner-General stating that
(a)
the fertilizer is for personal
use;
(b) the fertilizer is to be used
for experimental purposes only; or
(c)
the disposal of the fertilizer is
subject to the prior approval of
the Minister.
(2) The Commissioner-General shall
forward two copies of the
declaration to the Minister.
(3) A fertilizer manufactured
locally may be exported.
Packaging
and labelling of a fertilizer
Packages and labels
79. (1) The Minister may by
legislative instrument prescribe
the containers, labels and manner
of packaging of fertilizers in the
country.
(2) The maximum permissible limits
of heavy metals in a fertilizer
shall be as determined by the
Ministry and published in the
Gazette.
(3) A person who intends to
distribute a fertilizer shall have
affixed on the containers a label
setting forth in clearly legible
and conspicuous form the following
information in the English
language:
(a) type
(b)
grade, where primary nutrients are
claimed;
(c)
guaranteed analysis stating the
percentage in terms of content of
(i)
ammoniacal nitrogen,
(ii) nitrate nitrogen,
(iii) water-insoluble nitrogen,
(iv) urea nitrogen,
(v) other recognised and
determinable form of Nitrogen,
(vi) available phosphate (P205),
(vii) soluble potassium (K2
O), and
(viii) other nutrients on
elemental basis,
(d)
net weight,
(e)
sources of nutrients, and
(f)
name and address of the
registrant.
(4) If claims are made on the
label other than nutrient
guarantees, the Regulatory
Division may require that the
registered person provides
(a) a testing programme conducted
by an accredited research
institution, and
(b
a
laboratory procedure acceptable to
the Fertilizer Regulatory
Division for evaluating these
claims.
(5) For packaged products, the
information under subsection (3)
shall either
(a) appear on the front or back of
the package, or
(b)
be printed on a tag and attached
to the package.
(6) For bulk products, the same
information in written or printed
form shall accompany delivery and
be supplied to the purchaser at
the time of delivery.
Inspection and analyses
Inspection
80 (1) The Ministry shall through
the appropriate unit sample,
inspect and analyse fertilizers
distributed in the country to
ensure that distributors of
fertilizers comply with the
provisions of this Act.
(2) For purposes of subsection
(1), the regulatory division may
appoint inspectors to inspect the
storage facilities, sales
premises, labels of fertilizers
and the licence of dealers.
(3) An inspector may
(a)
at reasonable times enter any
premises in order to have access
to a fertilizer and fertilizer
records to ensure compliance with
the provisions of this Act,
(b,)
confiscate a fertilizer which does
not comply with the provisions of
this Act, and
(c)
produce an official identification
if required to do so by the person
in charge of the premises.
(4) A person in charge of any
premises where a fertilizer is
distributed shall
(a)
give an inspector reasonable
assistance to enable the inspector
to perform requisite functions;
and
(b)
furnish the inspector with any
information the inspector may
reasonably require with respect to
the administration of this Act and
Regulations made under this Act.
(5
A
person who sells, offers for sale
or distributes
(a) any fertilizer with plant
nutrient deficiencies or without a
licence;
(ii) a misbranded fertilizer;
(c)
an adulterated fertilizer
(d)
a
nutrient deficiency fertilizer;
(e)
a
fertilizer containing heavy metals
above the maximum permissible
limits; or
(d)
any other prohibited product under
this Act,
commits an offence and is liable
on summary conviction to a fine of
not more than five hundred penalty
units of to a term of imprisonment
not exceeding two years or both.
(6) In the case of a continuing
offence the person convicted is
liable to a further fme of ten
penalty units for each day during
which the offence continues.
(7) A person who commits an
offence under the Regulations is
liable on summary conviction to a
fine of not more than five
thousand penalty units.
Methods of inspection, sampling
and analysis
81.(1) The methods of inspection,
sampling, sample preparation and
analysis shall be in accordance
with the Ghana Fertilizer
Inspection Manual and the Ghana
Fertilizer Analytical Manual and
in a case not covered by these
Manuals, the Minister may adopt an
appropriate method from other
sources.
(2) An official analysis will be
performed on official samples by a
laboratory authorised by the
Minister.
(3) The Regulatory Division, in
determining for administrative
purposes whether any fertilizer
contains less plant nutrients than
stated on the label, shall be
guided solely by the official
sample taken under subsection (2).
(4) The results of official
analyses of fertilizers and
portions of official samples shall
be distributed by the Regulatory
Division to appropriate persons,
where necessary
(5) Official samples
determined to be deficient in
plant nutrients shall be retained
for a minimum of one hundred and
eighty days after the issue of the
deficiency report.
(6) On the analysis of an official
sample of a fertilizer, the
Division shall issue to the
applicant within sixty days after
the date the official samples
were taken, a report showing the
results of the samples that were
found to be deficient.
Plant nutrient deficiency
82.(1) If the analysis shows that
a fertilizer is deficient because
of non-uniformity or because one
or more of its guaranteed plant
nutrients is beyond the
investigational allowances or if
the actual nutrient of the
fertilizer is below the
established level determined by
the Ministry, the value of the
deficiencies shall be assessed by
utilizing the penalty system
determined by the Ministry as
provided for by Regulations.
(2) The plant nutrient value will
be calculated on the basis of the
price documented in the inspection
report for the inspected lot.
(3) The distributor shall pay a
penalty assessed under this
section to the concerned consumer
within two months after the date
of notice from the division to the
registrant.
(4) If the consumer cannot be
found, the amount paid shall be
deposited in the Fund.
(5) A person may appeal to a court
of competent jurisdiction in
respect of penalty payments within
fourteen days after the date of
imposition.
Inspection fees
83. (1) A person shall pay a
one-off inspection fee per tonne
as determined by the Minister for
every tonne of fertilizer the
person distributes in the country.
(2)A person who distributes a
fertilizer in Ghana shall submit
on forms provided by the Ministry
a quarterly statement for the
reporting period, setting forth
the number of tonnes of
fertilizers the person distributes
during this period.
(3) The report shall be due on or
before twenty days following the
close of the filing period.
(4)On filing of the statement the
distributor shall pay the
inspection fee.
(5)
If the tonnage report is not filed
and the payment of the
inspecction fees is not made
within thirty days after the due
date, a collection fee amounting
to ten percent and in any case not
less than five penalty unit.
where the amount due is not less
than six hundred Ghana cedis shall
be assessed against the
distributor and added to the
amount due.
(6) Where more than one person is
involved in the distribution of a
fertilizer, the last person who
has the fertilizer and is
registered and who distributed to
a registered distributor or a
consumer is responsible for
reporting the tonnage and paying
the inspection fee, unless the
report and payment are made by a
prior distributor of the
fertilizer.
(7) Where a fertilizer producer in
the country exports part or all of
its products, the export is not
subject to the inspection fee.
(8) Where a fertilizer importer in
the count’)’ exports part or all
of its import, the portion
exported is not subject to
inspection fees.
(9) Any raw materials imported
into Ghana to produce a finished
fertilizer shall not be subject to
inspection fees, except that the
finished fertilizer produced from
the imported raw materials is
subject to inspection fees.
(10) Inspection fees collected
shall be used for the payment of
the costs of inspection, sampling,
analysis and other expenses
necessary for the administration
and enforcement of this Act and
Regulations made under this Part.
Stop sale order
84.(1)
Where an inspector finds a
fertilizer lot being offered for
sale contrary to this Part, the
inspector shall immediately issue
and enforce a written or printed
“stop sale, use or removal” order
to the owner or custodian of that
fertilizer and hold the fertilizer
at a designated place and may
affix to the lot or container a
warning tag that states the lot is
held.
(2) Any lot of fertilizers for
which a “stop sale, use or
removal” order or notice is issued
shall be held by the person having
control of the fertilizer and
shall not be distributed or moved
except under the specific
directions of the Regubatory
Division pending a final
disposition.
(3) subsection (2) does not
prevent a person having control of
the fertilizer from inspecting the
fertilizer seized, nor from taking
from the fertilizer lot in the
presence of a person designated by
the Division, a representative
sample for evidence.
(4) On demand of the person having
control of the seized fertilizer,
at or prior to the time of the
sampling by the inspector, the
sample that is taken shall be
divided into two approximately
equal parts, one part of which
shall be sealed and given to the
person in control of the product
and the other part of which shall
be kept for analysis by the
inspector.
(2) The sources of money for the
Fund are
(a) inspection fees;
(b )fees
charged for the performance of the
functions of the Regulatory
Division;
(c)
donations and gifts;
(d)
moneys provided by Parliament; and
(e)
any other moneys that are approved
by the Minister responsible for
Finance.
Objects of the Fund
87.Moneys of the Fund shall be
used for
(a) financing the activities of
the Regulatory Division;
(b)
research, studies and
investigations relating to the
functions of the Regulatory
Division; and
(c)
any other purpose determined by
the Regulatory Division in
consultation with the Minister
Management of
the Fund
88. (1) The Fund shall be
administered by the Regulatory
Division and a representative of
the Controller and
Accountant-General.
(2) The moneys in the Fund shall
be paid into a bank account opened
by the Regulatory Division with
the approval of the Controller and
Accountant-General
(3) Payments issued from the Fund,
shall be signed by two members of
the Regulatory Division and the
representative of the Controller
and Accountant-General.
Miscellaneous provisions
Mislabelling
89.(1) A person shall not
distribute or offer for sale a
misbranded fertilizer.
(2) A fertilizer is mislabelled if
(a) its label is false or
misleading in thy manner;
(b)it
is distributed or offered for sale
under the name of another
fertilizer product;
(c)it
is not labelled as prescribed by
this Part and Regulations made
under this Part; or
(d)
it falsely purports to be or is
represented as a plant nutrient or
fertilizer.
Adulteration
90. (1) A person shall not
distribute an adulterated
fertilizer product.
(2) A fertilizer is adulterated if
(a,)
it contains any deleterious or
harmful substance in sufficient
amount to render it injurious to
beneficial plant life, animals,
humans, aquatic life, soil or
water when applied in accordance
with directions for use on the
label, or if adequate warning
statements or directions for use
which may be necessary to protect
plant life, animals, humans,
aquatic life, soil or water are
not shown on the label;
(b)
its composition Calls below or
differs from that which it is
purported to possess by its label;
or
(c)
it contains unwanted crop seed,
weed seed or extraneous material.
Short weight
91 (1) A person shall not sell any
Fertilizer in a package
where the fertilizer is short in
weight by more than one percent of
the weight indicated on the
package.
(2) A person who contravenes
subsection (1) commits an offence
and is liable in the case of a
first contravention within a three
year period to suspension of the
licence for ninety days and for a
subsequent violation within the
three year period to a permanent
cancellation of the licence.
Harmful substances
92 (1) Where the ingredients of
a fertilizer used on specific
crops or in specific applications
are considered harmful to the
growth of the plant, the maximum
content of the potentially harmful
ingredients shall be stated on the
label as follows:
(a) where urea is labelled to be
used as a foliar spray or to
fertilize citrus crops, the biuret
content shall be limited to I.5 %;
(b)
where a fertilizer is l labelled
be used on crops that are
extremely sensitive to chloride,
the fertilizer shall have a
maximum of 2.5% chlorine; and
(c,)
a
warning or caution statement shall
be included on the label for any
product that contains
micronutrients when there is
evidence that these micronutrients
in excess of a
particular percentage may be
harmful
(ii) to certain crops, grazing
animals, or
(ii)where
there are unusual environmental
conditions.
(2) Where the content of harmful
ingredients exceeds the maximum
guarantee stated on the label, the
fertilizer shall be classified as
adulterated.
Plant nutrient guarantees
93. (1) Plant nutrients in
addition to nitrogen, phosphorus,
and potassium where mentioned in
any form or manner on the label
shall be guaranteed.
(2) Guarantees shall be made on
the elemental basis and sources of
the elements guaranteed and proof
of availability shall be provided
to the Fertilizer Regulatory
Administrator on request.
(3) The minimum percentage that
may be guaranteed is as follows
Plant nutrient guarantees
93.
(1) Plant nutrients in addition to
nitrogen, phosphorus, and
potassium where mentioned in any
form or manner on the label shall
be guaranteed.
(2) Guarantees shall be made on
the elemental basis and sources of
the elements guaranteed and proof
of availability shall be provided
to the Fertilizer Regulatory
Administrator on request.
(3) The minimum percentage that
may be guaranteed is as follows
Element
Percent
Calcium
(Ca)
1.0000
Magnesium (Mg)
0.5000
Sulfur
(S)
1.0000
Boron
(B)
0.0200
Chlorine (CI)
0.1000
Cobalt
(Co)
0.0005
Copper
(Cu)
0.0500
Iron
(Fe)
0.1000
Manganese (Mn)
0.0500
Molybdenum (Mo)
0.0005
Sodium
(Na)
0.1000
Zinc
(Zn)
0.0500
(4) Guarantees or claims for the
plant nutrients under subsection
(2) in addition to nitrogen,
phosphorus, potassium or any other
nutrient approved by the
Regulatory Division are the only
ones that are acceptable.
(5) Where any of the elements
listed in subsection (2) is
guaranteed, the holder of the
registration shall on request,
provide the Fertilizer Regulatory
Administrator with a copy of the
label and directions for the use
of the fertilizer.
(6)
Any of the elements listed in
subsection (2) that are guaranteed
shall appear in the order listed
and shall immediately follow
guarantees for the primary
nutrients of nitrogen, phosphorus,
and potassium if present.
Slowly released plant nutrients
94. (1) A fertilizer label shall
not bear a statement that connotes
or implies that certain plant
nutrients contained in the
fertilizer are released slowly
over a period of time, unless the
nutrients are identified and
guaranteed in the label or
accompanying instructions or
directions.
(2) The term “slow release” shall
be used to describe fertilizer
products that release or convert
to a plant-available form their
plant nutrients at a slower rate
relative to a “reference soluble”
product.
(3) Slow-release products include
products co~ted or occluded, to
control the release of soluble
nutrients through coating or
occlusion of the soluble nutrient
compounds.
(4) Water-insoluble or slowly
available water-soluble slow
release products include
(a) sulphur-coated urea,
polymer-coated urea, and other
encapsulated soluble fertilizers;
(b)
products in which fertilizers are
mixed with waxes, resins, or other
inert materials and formed into
particles; and
(c)
ureaform-formaldehyde products.
(5) Water-insoluble products
include organic fertilizers,
ureaform materials, insobutylidene
diurea, and oxamide.
(6) Slowly available water-soluble
products inclujie methylenediurea,
dimethylenetriurea, and
dicyanodiamide.
(7) The term “stabilized” is used
to describe fertilizer products
tuat have been modified with an
additive that reduces the rate of
transformation of fertilizer
compounds, resulting in extended
time of availability in the soil.
(8) Stabilizing modifiers include
nitrification inhibitors, nitrogen
stabilizers, or urea Inhibitors.
(9) The registration holder shall
provide the Fertilizer Regulatory
Administrator with a testing
programme that substantiates the
claims of “slow release” or
“stabilizing” characteristics made
on the label.
(10) The testing programme shall
be conducted by an accredited
research institution accepted by
the Fertilizer Regulatory
Division.
(11) A laboratory procedure
acceptable to the Fertilizer
Regulatory Division for
evaluating the release
ch9racteristics of the product
shall be provided by the person
registered.
National Fertilizer Council
Establishment of the Council
95. There is established by this
Act a National Fertilizer Council.
The functions of the Council
96.The functions of the Council
are to
(a) advise the Minister on
policies for development of
fertilizer manufacture, inspection
sampling, analysis and marketing;
(b)
monitor the supply of fertilizers
to ensure fertilizer security in
the country;
(c)
develop procedures for the
registration of fertilizers;
(d)
prescribe standards for
fertilizers and procedures for
their registration;
(e)
recommend to the Minister for
publication annually in the
commercial and industrial
Bulletin, a list of fertilizer
types for which marketing is
permitted;
(f) recommend to the Minister fees
for the registration and testing;
(g) recommend to the Minister
procedures for acaeditation and
(h)
perform other functions that are
specified under this Act and that
are assigned by the Minister.
Composition of the Council
97 (1) The Council consists of
(a) the Minister or the
representative of the Minister who
shall be the chairperson;
(b) the Director, Plant Protection
and Regulatory Services
Directorate of the Ministry;
(c)
the Director, Directorate of Crop
Services of the Ministry;
(d)
the Director General of the
Council for Scientific and
Industrial Research or the
representative not below the tank
of director
(e)
one representative of fertilizer
manufacturers and importers;
(f)
one representative of the National
Farmers’ Association; the
Executive Director, Environmental
Protection Agency or the
representative not below the rank
of director.
(2) The members of the Council
shall be appointed by President in
accordance with article 70 of the
Constitution.
Tenure of office of members
99.(1)
A member of the Council shall hold
office for a period of not more
than four years and is eligible
for reappointment but a member
shall not be appointed for more
than two terms.
(2) A member of the Council may at
any time resign from office in
writing addressed to the President
through the Minister.
(3) A member of the Council other
than the chairperson who is absent
from three consecutive meetings of
the Council without sufficient
cause ceases to be a member of the
Council.
(4) The President may by letter
addressed to a member revoke the
appointment of that member.
(5)
Where a member of the Council is
for sufficient reason, unable to
act as a member, the Minister
shall determine whether the
inability would result in the
declaration of a vacancy.
(6) Where there is a vacancy
(a)
under subsection (2) or (3) or 100
(2),
(b)
as a result of a declaration under
subsection (5), or
(c)
by reason of the death of a member
the Minister shall notify the
President of the vacancy and the
President shall appoint a person
to fill the vacancy.
Meetings
of the Council
99. (1) The Council shall meet at
least once every three months for
the despatch of business at the
times and places determined by the
chairperson.
(2) The chairperson shall at the
request in writing of not less
than one third of the membership
of the Council convene an
extraordinary meeting of the
Council at a place and time
determined by the chairperson.
(3) The quorum at a meeting of the
Council is five members of the
Council or a greater number
determined by the Council in
respect of an important matter.
(4) The chairperson shall preside
at meetings of the Council and in
the absence of the chairperson, a
member of the Council elected by
the members present from among
their number shall preside.
(5) Matters before the Council
shall be decided by a majority of
the members present and young and
in the event of an equality of
votes, the person presiding shall
have a casting vote.
(6) The Council may co-opt a
person to attend a Council meeting
but that person shall not vote on
a matter for decision at the
meeting.
Disclosure of interest
100.(1)
A member of the Council who has an
interest in a matter for
consideration
(a) shall disclose the nature of
the interest and the disclosure
shall form part of the record of
the consideration of the matter;
and
(1)
shall not participate in the
deliberations of the Council in
respect of that matter.
(2) A member ceases to be a member
of the Council, if that member has
an interest in a matter before the
Council and
(a) fails to disclose that
interest, or
(b)
participates in the deliberations
of the matter.
Establishment of committees
101.(1) The Council may establish
committees consisting of members
of the Council or non-members or
both to perform a function except
that a committee consisting
entirely of non-members may only
advise the Council.
(2) Section 100 applies to
members of the Sub-Committees.
Allowances
102.Members of the Council and
members of a committee of the
Council as well as co-opted
members shall be paid allowances
approved by the Minister in
consultation with the Minister
responsible for Finance.
The Ghana Fertilizer Advisory
Committee
Ghana Fertilizer Advisory
Committee
103.
(1) Without limiting section 101,
there is established under this
Act the Ghana Fertilizer Advisory
Committee which shall be a
committee of the
Council. -
(2) The Committee shall advise and
make recommendations on all
matters including
(a) inspection and enforcement of
the provisions of this Act;
(b)
the annual budget;
(c)
necessary fees to provide adequate
inspection services in respect of
fertilizers; and
(d)
Regulations required to accomplish
the objective of this Act.
(3) The Ghana Fertilizer Advisory
Committee consists of
(a) the Director of the Plant
Protection and Regulatory Services
Directorate who will serve as
chairperson of the Committee;
(b)
the Director of the Directorate of
Crop Services;
(c)
a
representative of the Council for
Scientific and Industrial
Research;
(d)
two representatives from the
fertilizer private sector or
(e)a
representative of the organisation
under which the selected
analytical laboratory resides;
(f)
a
representative of the
Environmental Protection Agency;
(g) a representative of the
universities in Ghana;
(h)a
representative of the
Attorney-General and Minister for
Justice;
(i)
a representative from Ghana
National Association of Farmers
and Fishermen; and
0) the Fertilizer Regulatory
Administrator of the Division who
will serve as secretary of the
Committee.
Meetings of the Committee
104. (1) The Committee shall
meet at least once every three
months for the despatch of
business at the times and in the
places determined by the
chairperson.
(2) The chairperson shall at the
request in writing of not less
than one-third of the membership
of the Committee convene an
extraordinary meeting of the
Committee at the place and time
determined by the chairperson.
(3) The quorum at a meeting of the
Committee is six members or a
greater number determined by the
Board in respect of an important
matter.
(4) The chairperson shall preside
at meetings of the Committee and
in the absence of the chairperson,
a member of the Committee elected
by the members present from among
their number shall preside.
(5) Matters before the Committee
shall be decided by a majority of
the members present and voting and
in the event of an equality of
votes, the person presiding shall
have a casting vote.
(6) The Committee may co-opt a
person to attend a Committee
meeting but that person shall not
vote on a matter for decision at
the meeting.
Disclosure of interest
105.(1) A member of the Council
who has an interest in a matter
for consideration
(a)
shall disclose the nature of the
interest and the disclosure shall
form part of the record of the
consideration of the matter; and
(b) shall not participate in the
deliberations of the Council in
respect of that matter.
(2) A member ceases to be a
member of the Council, if that
member has an interest in a matter
before the Council and
(a) fails to disclose that
interest, or
(b)
participates in the deliberations
of the matter.
Establishment of Pesticide and
Fertilizer Regulatory Division
106. (1) There is established by
this Act a Pesticide and
Fertilizer Regulatory Division.
(2) The Pesticide and Fertilizer
Regulatory Division shall operate
under the Plant Protection and
Regulatory Services Directorate of
the Ministry.
Functions of the Pesticide and
Fertilizer Regulatory Division
107. (1) The Division
shall
(a)
advise the Minister on matters
relating to the implementation of
this Part of the Act and
Regulations made under this Act;
(b’)be
responsible for the implementation
of this part of the Act;
(c)
sample, inspect, analyse and test
fertilizers distributed in the
country and prepare appropriate
manuals and reports in respect of
these;
(d)
impose the charges that it
considers necessary for services
rendered by the Division; and
(e)
perform any other functions that
are ancillary to the objects of
the Pesticide and Fertilizer
Regulatory Division under this
Act.
(2) The Pesticide and Fertilizer
Regulatory Division shall advise
the Minister to designate
anylytical laboratories which
shall be responsible for
(a) receiving and documenting
receipt of official fertilizer
samples from the inspection
services;
(b)
preparing and analysing official
samples; and
(c)
reporting results of analysis to
the Administrative Service
Division.
Pesticides and Fertilizer
Regulatory Administrator
108.The Pesticide and Fertilizer
Regulatory Administrator shall be
responsible for the thy-to-thy
administration of the affairs of
the Division.
Units of the Division
109.(1) The Division shall have
the following Units:
(a)
Administrative Service Unit, and
(b) Inspection Service Unit.
(2) The Administrative Service
Unit is responsible for
administrative activities and
financial matters, including
(a) licencing of fertilizer
producers, importers, and dealers;
(b) deficiency reports and penalty
payments;
(c)
collection of inspection fees;
(d)
suspension and cancellation of
licences; and
(e)
budget.
(3) The Inspection Service Unit is
responsible for
(a)
inspecting fertilizers and
fertilizer records;
(b)
sampling of fertilizers; and
(c)
performing other enforcement
matters as stated in this Act and
Regulations made under the Act.
(4) The Minister shall designate
analytical laboratories which
shall be responsible for
(a).receiving
and documenting receipt of
official fertilizer samples from
the Inspection Service;
(b) preparing and analyzing
official samples; and
(c)
reporting results of analysis to
the Administrative Service
Division.
Staff of a Unit
110.(1) A Unit shall have officers
necessary for the effective
performance of its functions.
(2) The President shall in
accordance with article 195 of the
Constitution appoint the staff of
the Unit.
Co-operation with other bodies
111.The Unit shall co-operate with
and enter into agreements with
other agencies in the performance
of functions under this Act.
Accounts and audit
112.(1) The Division shall keep
books of account and proper
records in relation to them in the
form approved by the
Auditor-General.
(2) The Division shall submit the
accounts of the Division to the
Auditor-General for audit within
three rnçnths after the end of the
financial year.
(3) The Auditor-General shall,
not later than three months after
the receipt of the accounts, audit
the accounts and forward a copy of
the audit report to the Minister.
(4) The financial year of the
Division shall be the same as the
financial year of the Government.
Annual report and other reports
113. (1) The Division shall within
one month after the receipt of the
audit report, submit an annual
report to the Minister covering
the activities and the operations
of the Division for the year to
which the report
relates.
-
(2) The annual report shall
include the report of the
Auditor-General.
(3) The Minister shall, within one
month after the receipt of the
annual report, submit the report
to Parliament with a statement
that the Minister considers
necessary.
(4) The Division shall also submit
to the Minister any other reports
which the Minister may require in
writing.
Offences
114. (1) A person who sells,
offers for sale or distributes
(a) any fertilizer with plant
nutrient deficiencies or without a
licence;
(b )a
misbranded fertilizer;
(c )an
adulterated fertilizer;
(d)
a
fertilizer containing heavy metals
above the maximum permissible
limits; or
(e)
any other prohibited product under
this Act,
commits an offence and is liable
on summary conviction to a fine of
not more than five hundred penalty
units or to a term of imprisonment
not exceeding two years or to
both.
(2) In the case of a continuing
offence the person convicted is
liable to a further fine often
penalty units for each day during
which the offence continues.
(3)A person who commits an offence
under the Regulations is liable on
summary conviction to a fine of
not more than five thousand
penalty units.
PART FOUR—PLANTS AND FERTILIZER
FUND
Plants and Fertilizer Fund
115. There is established by this
Act a Fund to be known as Plants
and Fertilizer Fund.
Objects of the Fund
116.The objects of the Fund are to
provide financial resources:
(a) to meet the cost of emergency,
phytosanitory situations,
including compensation in cases
of destruction of plants, plant
products or regulated articles in
pursuance of this Act;
(‘b)
for effective management of the
seed industry including a national
seed security stock
;(c)
for research and
investigations relating to
fertilizers; and (d) for
any other purpose determined by
the Minister in consultation with
the Director.
Sources of the Fund
117.The sources of money for the
fund are:
(a) moneys approved by Parliament;
(b)
fees charged under this Act;
(c)
donations, grants and gifts; and
(d)
any other moneys that are
recommended by the Minister and
Ministry of Finance and approved
by Parliament.
Management of the Fund
118 The Fund shall be administered
by a seven member committee
comprising:
(a) the Minister who shall be the
chairperson; and
(b)
two members each nomited from the
Plants, Seeds and Fertilizer
Councils.
Bank Account for the Fund
119. Moneys received on behalf of
the Council for the Fund shall be
deposited in an account to the
credit of the Council in a bank
approved by the Minister
responsible for Finance.
Accounts and Audit
120.(1) The Council shall keep
books of accounts and proper
records in relation to them in the
form approved by the
Auditor-General.
(2) The Council shall submit its
accoUnts to the Auditor-General
for audit within three months
after the end of each financial
year.
(3) The Auditor-General shall, not
later than three months after the
receipt of the account, audit the
account and forward a copy of the
audit report to the Minister.
(4) The financial year of the
Council shall be the same as the
financial year of the Government.
Annual and other reports
121.(1) The Council shall within a
month after the receipt of the
audited accounts submit an annual
report to the Minister covering
the activities and operations of
the Council for the year to which
the report relates.
(2) The annual report shall
include the audited accounts of
the Auditor-General.
(3) The Minister shall, within a
month after the receipt of the
annual report together with the
Auditor-General’s report, submit
the report to Parliament with a
statement that the Minister
considers necessary.
(4) The Council shall also submit
to the Minister any report which
the Minister and the Committee of
Parliament responsible for
Agriculture may require in
writing.
PART FIVE _MISCELLAJNEOUS MATTERS
Power of Minister to assign
function
121.The
Minister may assign any function
under this Act to a Director or
other qualified government
official where appropriate.
Regulations
23.(1) The Minister may by
legislative instrument make
Regulations to prescribe
(a)
in Part One for
(i)
the circumstances under which
plants and plant materials must or
need not be accompanied with an
import permit or a phytosanitary
certificate;
(ii) the circumstances under which
plant materials and regulated
pests are not to be imported into
the country from certain
locations;
(iii),the
fees and charges for any permit or
certificate issued under this
Part;
(iv) restrictions on the
introduction into the country of
any plant, plant material,
organisms, soil,packing material
or other items likely to introduce
any plant pest into the country;
(v) the procedures to be adopted
for the inspection and treatment
of imported items and their entry
into the country for the purpose
of preventing or controlling plant
pests;
(vi) the procedures for inspection
of plants, plant material, soil,
packing material or other items
for export;
(vii) the manner in which
designated officers carry out the
destruction, removal, uprooting or
treatment of plants, plant
material or other items within an
area or location declared as under
quarantine;
(viii) the procedures for the
exercise of the designated
officer’s powers under this Act;
(ix) which pests are to be
considered regulated pests for the
country;
(x) the requirements for the
control and care of plants, plant
materials or other items
maintained in plant quarantine
stations; and
(xi) additional measures to be
taken for the purpose of
protecting the country against the
introduction and spread of plant
pests;
(b)
in Part Two for
(i)
the requirements and procedures
for variety testing, release and
registration of seeds;
(ii) the standards for the various
classes of seeds and crops which
are eligible for certification;
(iii) the conditions and the
procedures under which and the
manner in which seed crops may be
inspected or seeds may be graded
or tested;
(iv) the minimum standards of
purity, germination, re-testing,
quality and ~disease of seeds;
(v) the conditions for sampling
and testing of seeds;
(vi) the fee to be charged for any
services provided under this Part
of the Act;
(vii) the criteria and methodology
for authorisation or accreditation
to individuals, third parties,
laboratories and seed dealers to
conduct field inspection, seed
sampling, seed testing and
labelling
(viii) the marking, packaging of
seeds and labelling of packages;
(ix) the certification of seeds
and conditions to be complied with
before seeds of any kind or
variety may be certified or
approved;
(x) in respect of the limits,
restrictions and conditions for
the importation of any particular
variety or class of seeds;
(xi) the classification of the
species of plants of the seeds
which are considered weed seeds or
noxious weed seeds in relation to
seed classes under this part of
the Act;
(xii) the establishment of the
procedures for utilisation, access
and budget-setting for the Seed
Fund;
(xiii) the establishment of the
procedures for crop variety
release and registration; and
(xiv) other matters that are
necessary to give effect to the
provisions of this Act;
(c)
in Part Three for
(i)
the fees and penalties to be paid
under this Act;
(ii) the conditions for
inspection, sampling and analysis
of a fertilizer;
(iii) labelling requirements;
(iv) a fertilizer containing heavy
metals above the maximum
permissible heavy metals limits in
a fertilizer;
(v) change in the membership of
the Regulatory Division;
(vi) environmental and public
health issues;
(vii) plant nutrient guarantees;
(viii) publication of deficiency
reports and annual fertilizer
tonnage reports; and
(ix) any other matters necessary
for the effective implementation
of this Act.
Interpretation
124 In this Act, unless the
context otherwise requires,
(a)
in Part One
“appropriate treatment” means the
authorised procedure for the
killing, removal and rendering
infertile of pest;
“area of low pest prevalence”
means an area within a country or
parts of several countries to be
areas identified by competent
authorities in which specific pest
occurs at low levels and which is
subject to effective surveillance,
control or eradication measure;
“beneficial organism” includes
fungi, nematodes, bacteria,
viruses, virus-like organisms,
microplasma, microplasmalike
organisms, and invertebrate or
other organisms declared by the
Minister in writing to be
beneficial to the flora or
agricultural production in the
country;
“conduct” includes carrying out
advocacy and regulation;
“Council” means the Plant
Protection Advisory Council
established under section 17 of
this Act;
“container” means a box, bag or
other receptacle in which plants,
plant materials, plant pests,
beneficial organisms or soil or
other items are kept or carried;
“containment” means the
application of phytosanitary
measures in and around an infested
area to prevent the spread of a
pest;
“conveyance” means a vessel,
aircraft, train, vehicle, cart,
container, animal or other thing
which can convey plant materials,
plant pests, beneficial organisms
or soil from one place to another;
“court” means a court of competent
jurisdiction;
“designated officer” means a
Director or qualified government
official assigned a function inder
this Act;
“Director” means the Director of
the Plant Protection and
Regulatory Services Directorate;
“Directorate” means the Plant
Protection Regulatory Service
Directorate of the Ministry;
“Division” means the Plant
Quarantine Services Division;
“eradication” means application of
phytosanitary measures to
eliminate a pest from an area;
“exporter” includes a person who
sends plant or plant material
outside the country, the shipper
of the goods and any person who
performs similar functions in the
case of an aircraft;
“exporting country” means the
country from which plant or plant
products are sent to another
country;
“government agency” means a body
set up in the public interest with
or without an Act of Parliament;
“import permit” means the permit
given to ~ per son by the
appropriate authority to bring a
plant or lam material into the
country;
importer” means a person in
possession of or in any way
entitled to the custody of any
plant, plant material, plant pest,
beneficial organism, soil, or
packing material landed or likely
to be landed in the country from
another country;
“import contracting party” means
the person who brings plants or
plant materials into the country;
“international traffic” means
plants and plant products involved
in international trade;
“maintainer” means a person or an
institution that is responsible
for keeping a released variety
true to its original description
for producing;
“packing material” means any
material used to pack, contain or
keep plants, plant material,
beneficial organisms, soi~ or
p!.aflt pests~
pest flee area” means an area in
which a specific pest does not
occur as demonstrated by
scientific evidence and in which
this condition ~s being officially
controlled where appropriate;
pest risk analysis” is the process
of evaluating biological or other
scientific and economic evidence
to determine whether a pest should
be regulated and the strength of
any phytosarntary measures to be
taken against it;
‘phytosanitary action” means an
official operation, such as
inspection, testing, surveillance
or treatment, undertaken to
implement phytosanitary measures;
“phytosanitary certificate” means
a certificate following the
pattern of the model certificate
of the International Plant
Protection Convention and covers
only one consignment;
“place” means a location where
plant materials may be
confined or cultivated for
phytosanitary inspection,
observation, testing or research;
“plant material” includes an
unmanufactured material of plant
origin grain and other
manufactured product which, by its
nature or that of its processing,
may create a risk of spreading
plant pests;
“plant pest” means any species,
strain or biotype of plant, animal
or pathogenic agent which is
injurious or potentially injurious
to plants or plant materials;
“plant quarantine station” means
an official station designated by
the Minister as an area where
plant propagating material is
grown or screened in isolation and
in a controlled environment if
required;
“plant” means a living plant and
the living part of a plant
including seed and germ plasma,
plant tissue culture, fruit,
vegetables, bulbs, root and tuber;
“premises” includes house,
building, structure, tent, land,
ship,
boat, aircraft or mechanically
propelled vehicle;
“prohibited item” means any plant,
plant material or regulated
pest that the Minister may not
admit to be imported to the
country;
“public servant” means a person
paid from the Consolidated
Fund or directly out of moneys
provided by Parliament;
“quarantine pest” means a pest of
potential national economic
importance and danger to the
country, not yet present in the
country or present but not widely
distributed and being officially
controlled;
“prescribed” means provided by
Regulations made under this Act;
“regulated article” means any
plant, plant product, storage
place, packaging, conveyance,
container, soil and any other
organism, object or material
capable of hatbouring or spreading
pests, considered to require
phytosanitary measures,
particularly where international
transportation is involved;
“regulated non-quarantine pest”
means a non-quarantine pest whose
presence in plants for planting
has an unacceptable economic
impact and which is nsantained and
iegulated within the territory of
the import contracting party;
“regulated pest” means a
quarantine pest or a regulated
nonquarantine pest;
Service” means the Plant
Protection and Regulatory Services
Directorate;
“soil” means the loose surface
material of the earth in which
plants grow and in most cases
consist of disintegrated rock with
a mixture of material and soluble
salts;
“surveillance” means an official
process which collects and records
data on pest occurrence or absence
by survey, monitoring or other
procedures;
“treatment” includes any
officially authorised procedure
and the use of chemicals, heat or
low pressure, intended to ensure
the killing, removal or rendering
infertile any plant pest;
in Part Two
“accreditation” means formal
recognition of technical
competence to carry out official
specific tasks;
“accredited person or entity”
means a public or private body
empowered by the Minister to
undertake quality control and
certification activities;
“accredited research institution”
means a public or private body
authorised by the Council for
Scientific and Industrial
Research to engage in
agricultural research;
“advertisement” means a
representation, commercial or
otherwise, other than labelling,
disseminated in any manner or by
any means by the seller of seed in
relation to the seed;
“analyst” means a person appointed
or designated as an analyst to
determine the quality of a seed
sample under this Part;
“basic seed” means seed from a
pre-basic seed produced under the
responsibility of the maintainer
and approved for the production of
certified seeds;
“certification” means the approval
given in the seed quality control
process in the field or in a
laboratory, leading to the
assurance that the seed conforms
to the minimum standards of
variety purity in accordance with
the provisions of the Regulations;
“certified seed” means a seed
obtained from a basic seed which
conforms to the minimum standards
for that seed class or if approved
for that species, from a first
generation certified seed;
“compound fertilizer” means a
fertilizer having at least two
primary plant nutrients;
Plants and Fertilizer Act,
2010
Act 803
“class” means the categories of
seeds of the same nature
potentially of one or several
generations;
“Commissioner-General” means the
Commissioner-General for the Ghana
Revenue Authority appointed under
section 13 of the Ghana Revenue
Authority Act, 2009 (Act 791) or
the representative of the
Commissioner-General;
“court” means a court of competent
jurisdiction;
“dealer” means a person who
imports, grows, breeds, cleans or
sells seeds in commercial
quantities;
“designated officer” means an
officer appointed by the Minister
to perform certain duties;
“emergency seed” means a class of
non-certified seed to be used
in a case of acute seed shortage
during and after natural or
human disaster;
“importer” includes the owner or
the person for the time being
possessed of or beneficially
interested in any goods at and
from the time of the importation
of the goods until the goods are
duly delivered out of the charge
of the proper officer, and also a
person who signs a document
relating to imported goods
required by this Act, to be signed
by an importer;
“inspector” means any technician
with responsibility to conduct
field and seed inspections in
conformity with the prescribed
regulations;
“label” means any document visibly
displaying prescribed
information in a readable manner
to facilitate seed identification
or traceability;
“lot” means a definite quantity of
seed identified by a lot number or
other mark with each portion or
bag of the lot being uniform
within recognised tolerance for
the factor which appears in the
labelling of the lot;
“maintainer” means a person or
institution that is responsible
for keeping a released variety
true to its original description
for production;
“mixed fertilizer” means a
fertilizer derived from a mixture
of
various kinds or types of chemical
and/or organic fertilizer;
“noxious weed seeds” means thc
seed produced from plants which
are especially troublesome and
detrimental and which may cause
damage or loss to a considerable
portion of land or livestock of a
community;
“package” means any container
notably a sack, bag, bane!, or
case made of a variety of
materials comprising among others
cotton, paper, aluminium and
polyethylene in which seeds are
packaged;
“place” includes any vehicle,
vessel, railway, aircraft, seed
store, seed processing plant or
seed warehouse;
“prescribed” means provided by
Regulations;
“single fertilizer” means a
fertilizer having one primary
plant nutrient;
“seeds” includes any planting
material or organ, or part of a
plant organ, such as a grain,
shoot, bulb, scion, rhizome, tuber
or embryo, intended to reproduce
itself;
“variety” includes the collection
of plants of the lowest known
botanic taxon, defined by using
the characteristics of some
genotype or a combination of
genotypes, distinguishable from
other plant collections by at
least one of these
characteristics and considered as
an entity given its capacity for
authentic reproduction and
provenances of forest tree seeds;
“weed seed” means any plant or
plant part injurious to
agriculture, which is declared to
be so by the Minister;
(c)
in Part Three
“analyst “means a person appointed
or designated as an analyst
pursuant to Regulations made under
this Part;
“brand” means a term, design, or
trademark used in connection with
one or several grades of
fertilizer;
“distribute” means to import,
consign, produce, mix, or blend
fertilizer or to offer for sale,
sell, barter, or otherwise supply
fertilizer;
“dealer” means a person other than
a producer or importer who
supplies and sells fertilizers in
Ghana;
“chemical fertilizer” means
fertilizer produced by chemical
processes or mined and derived
from an inorganic substance or
synthetic organic substance;
“Fertilizer Regulatory
Administrator” means the
individual appointed by the
President to head the Ghana
Fertilizer Regulatory Division;
“fertilizer” means a substance
containing one or more recognized
plant nutrients that is used for
its plant nutrient content and is
designed for use in promoting
plant growth;
“grade” means the percentage of
total nitrogen (N) available
phosphate (P205),
and soluble potassium (1(20))
stated in whole numbers in the
same terms, order, and percentages
as in the guaranteed analysis;
“guaranteed analysis” means the
minimum percentage of all
plant nutrients claimed;
“heavy metals” means element with
very substantial atomic
weight including lead and mercury;
“importer” means a person who
imports, consigns, sells, barters,
or otherwise supplies and sells
fertilizers in Ghana;
“inspector” means a person
appointed or designated as an
Inspector pursuant to Regulations
made under this. Part;
“investigational allowance” means
an allowance for variations
inherent in the taking,
preparation, and analysis of an
official sample of fertilizer;
“label” means the display of
written, printed, or graphic
matter upon the immediate
container; a statement
accompanying a fertilizer; or
advertisements, brochures,
posters, television, radio or
internet announcements used in
promoting the sale of fertilizer;
“lot or sampling unit” means a
defined quantity of fertilizer
that can be sampled officially and
has a boundary which
may be physical.
“organic fertilizer” means
fertilizer derived from
non-synthetic organic material
including sewage sludge, animal
manures, and plant residues, which
is produced through the process of
drying, cooking, composting,
chopping, grinding, fermenting, or
other methods and on which there
is a declaration of nutrient value
on the label;
“official sample” means any sample
of fertilizer taken by an
inspector or agent of the Ghana
Fertilizer Regulatory Division and
designated as official by the
Ghana Fertilizer Regulatory
Division;
“Pesticide and Fertilizer
Regulatory Division” means the
Division in the Ministry of Food
and Agriculture designated by the
Minister to have charge and
control of the execution of this
Part and any Regulations enacted
under this Part;
“prescribed” means provided by
Regulations;
“plant nutrient” means a chemical
element in fertilizer that is
recognized as essential for plant
growth;
(i)“primary
nutrients” refers to the elements
nitrogen phosphorus and potassium;
(ii)“secondary
nutrients” refers to the elements
calcium, magnesium and sulfur; and
(iii)“micronutrients”
refers to the elements boron,
Chlorine Cobalt, Copper, iron,
manganese, molybdenum, sodium and
zinc;
“post office” includes
a
house, building, room, vehicle,
place or structure where postal
articles are received, sorted,
delivered, made up or despatched
or which is used for any other
postal purpose in connection with
the rendering of any postal
service, money transfer or other
services by Ghana Post; and
(b)
any pillar box or other receptacle
provided by or under the authority
of Ghana Post for the reception of
postal articles;
“producer” means a person who
produces, supplies and sells
fertilizers in Ghana;
“reference solution” means a
solution of known concentration
used as a standard of comparison
of analysis;
(d)
in any part of this Act
“Ministry” means the Ministry of
Food and Agriculture;
“Minister” means the Minister
responsible for Agriculture;
“person” means an individual,
corporate, government or
governmental subdivision or
agency, society, association,
enterprise, trustee, receiver, or
any other institution; and
“sell” means to sell, offer for
sale, expose for sale, or have in
possession for sale and
distribution.
Repeals and savings
125.(1) The following enactments
are repealed
(a) the Prevention and Control of
Pests and Diseases of Plants Act,
1965, (Act 307); and
(29 the Seeds (Certification and
Standards) Act, 1972 (NRCD 100).
(2) Despite the repeal in
subsection (1), Regulations,
bye-laws, notices, orders,
directions, appointments or any
other act lawfully made or done
under the repealed enactment and
in force immediately before the
commencement of this Act shall be
considered to have been made or
done under this Act and shall
continue to have effect until
revoked, cancelled or terminated.
Date of Gazette
notification: 7th September, 2010.
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