|
SEEDS (CERTIFICATION AND
STANDARDS) DECREE, 1972 (NRCD 100)
ARRANGEMENT OF SECTIONS
Section
1. Importation, Exportation or
Sale of Seeds.
2. Inspectors.
3. Obstruction of Inspectors.
4. Seizure of Seeds or Package.
5. Analysts.
6. Certificate of Analysts.
7. Offences by Bodies of Persons.
8. Regulations.
9. Interpretation.
IN pursuance of the National
Redemption Council (Establishment)
Proclamation, 1972 this Decree is
hereby made:
Section 1—Importation, Exportation
or Sale of Seeds.
(1) Subject to the provisions of
this Decree and of the Prevention
and Control of Pests and Diseases
of Plants Act, 1965 (Act 307) no
person shall—
(a) import, export or sell any
seed unless it is of the standard
prescribed and is packaged and
labelled in the manner prescribed;
(b) import, export or sell any
seed of a variety that is not
approved for sale by the
Commissioner;
(c) import, export or sell any
seed under a grade name so closely
resembling a grade name
established by regulations made
under section 8(a) and (b) of this
Decree unless the seed conforms to
the standard prescribed in
relation to that grade and is
packaged and labelled in the
manner prescribed.
(2) Without prejudice to
subsection (1) of this section no
person shall import the seeds of
any crop (including seeds which
enter Ghana through diplomatic
channels from foreign countries)
unless such seeds are approved by
the Plant Quarantine Unit of the
Ministry of Agriculture.
(3) Where seeds produced in Ghana
are sold or held for the purpose
of cleaning; the provisions of
subsection (1)(a) of this section
shall not apply to such seeds.
(4) The provisions of subsection
(1)(b) of this section shall not
apply to seeds of roots and
vegetables.
(5) Any person who does any act in
contravention of any of the
provisions of subsection (1) of
this section shall be guilty of an
offence and liable on summary
conviction to a fine not exceeding
¢500.00 or to imprisonment not
exceeding twelve months or to
both.
(6) Subject to subsection (1) of
this section an importer may
import the seeds of any crop for
the purposes of seed production
for export if at the time of
importation of the seed he makes a
declaration in triplicate to the
Comptroller of Customs and Excise
or an officer authorised by him
stating—
(a) that the seeds are for his own
use;
(b) that the seeds are to be used
for experimental purposes only;
(c) that the seeds produced from
the imported seeds shall not be
sold to any person in Ghana; and
(d) that the production,
distribution and disposal of the
seeds shall be as authorised by
the Commissioner.
(7) Any importer who knowingly
makes any declaration which is
false shall be guilty of an
offence and liable on summary
conviction to a fine not exceeding
¢200.00 or to imprisonment for a
term not exceeding six months or
to both.
(8) The Comptroller of Customs and
Excise shall forward two copies of
such declaration to the Chief Seed
Multiplication Officer.
Section 2—Inspectors.
(1) The Commissioner may designate
qualified persons to act as
inspectors for the purposes of
enforcing the provisions of this
Decree.
(2) An inspector shall, for the
purposes mentioned in subsection
(1) of this section, have the
power at all reasonable times on
the production of a certificate of
his appointment—
(a) to enter any place where he
has reasonable grounds to believe
there are seeds to which this
Decree applies;
(b) to inspect any seeds found in
such place and take samples
thereof;
(c) to require any person in
possession of any documents in
respect of seeds to which this
Decree applies to produce such
documents for examination or for
the purpose of obtaining copies
thereof or extracts therefrom;
(d) to request any such person to
furnish any information which he
may require for said purposes.
Section 3—Obstruction of
Inspectors.
Any person who—
(a) obstructs an inspector
exercising powers under this
Decree; or
(b) fails to comply with any
request made by him in exercise of
those powers; or
(c) gives any information which he
knows to be false,
shall be guilty of an offence and
liable on summary conviction to a
fine not exceeding ¢500.00 or to
imprisonment for a term not
exceeding twelve months or to
both.
Section 4—Seizure of Seeds or
Package.
(1) An inspector shall have power
to seize any seed or package in
respect of which an offence is
committed under this Decree.
(2) Any seed or package seized
under subsection (1) of this
section shall be retained by the
inspector and—
(a) if no proceedings are
commenced against the person from
whom such seed or package was
seized within six months of the
seizure the said seed or package
shall be restored to that person;
or
(b) if that person is convicted of
an offence under this Decree the
said seed or package shall be
forfeited by the Court before
which he was convicted.
(3) Any seed or package forfeited
by the Court under subsection
(2)(b) of this section shall be
delivered as soon as practicable
to the Chief Seed Multiplication
Officer who may dispose of such
seed or package in such manner as
he thinks fit.
Section 5—Analysts.
For the purposes of this Decree
the Commissioner may appoint
qualified persons as analysts who
shall examine seeds or samples of
seeds which the inspectors may
from time to time refer to them.
Section 6—Certificate of Analysts.
A
certificate duly signed by an
analyst stating that he has
examined any seeds or samples
thereof referred to him by an
inspector and stating the results
of his examination shall be prima
facie evidence of the facts
contained in the certificate.
Section 7—Offences by Bodies of
Persons.
Where any offence under this
Decree is committed by a body of
persons then—
(a) in the case of a body
corporate (other than a
partnership) every director,
secretary or similar officer of
the body corporate shall be deemed
to be guilty of that offence;
(b) in the case of a partnership
every partner or officer of the
body shall be deemed to be guilty
of that offence:
Provided that no person shall be
deemed to be guilty of an offence
by virtue of this section if he
proves that the offence was
committed without his knowledge or
connivance and that he exercised
all due diligence to prevent the
commission of the offence having
regard to all the circumstances.
Section 8—Regulations.
The Commissioner may by
legislative instrument make
regulations—
(a) establishing a National Seed
Committee and prescribing the
powers and functions of the
Committee;
(b) establishing grades with
appropriate names for seeds; and
providing grades requiring
varietal purity for the use of
standards established by the
National Seed Committee;
(c) prescribing the conditions
under which and the manner in
which seed crops may be inspected
or seeds may be graded or tested;
(d) prescribing the minimum
standards of purity, germination,
quality and disease of seeds;
(e) in respect of the marking,
packaging of seeds and labelling
of packages;
(f) prescribing the conditions
under which variety names of seeds
may be used;
(g) for testing of samples of
seeds;
(h) prescribing the fee to be
charged for any services provided
under this Decree;
(i)
prescribing the species of plants
the seeds of which are weed seeds;
(j) prescribing for such other
matters as shall be deemed
necessary to give effect to the
provisions of this Decree.
Section 9—Interpretation.
In this Decree—
"analyst" means a person appointed
under section 5;
"Commissioner" means Commissioner
responsible for Agriculture;
"grade name" includes any mark,
description or designation of a
grade;
"importer" has the meaning
assigned to it in the Customs
Ordinance (Cap. 167);
"inspector" means a person
designated as inspector under
section 2;
"label" includes legend, work
mark, symbol or design applied or
attached to, included in,
belonging to or accompanying any
seed or package;
"package" includes sack, bag,
barrel, case or any other
container in which seed is placed
or packed;
"place" includes any vehicle,
vessel, railway, aircraft, seed
store, seed processing plant or
seed warehouse;
"prescribed" means prescribed by
regulations;
"quality" means seeds which
conform to the standard
prescribed;
"seed" means the seed or planting
material of any cereal, forage,
legume, tree, turf, root, crop,
vegetable, tobacco, fibre or oil
bearing crop grown, sold for the
purpose of propagation;
"seed production" means the
process of producing seed for
further propagation;
"sell" includes offer for sale,
expose for sale or have in
possession for sale and
distribution.
Made this 30th day of August,
1972.
COLONEL I. K. ACHEAMPONG
Chairman of the National
Redemption Council
Date of Gazette Notification: 8th
September, 1972.
|
