Related documents
- Is amended by 24th Annual Supplement
LAWS OF KENYA
SEEDS AND PLANT VARIETIES ACT
THE SEEDS AND PLANT VARIETIES (SEEDS) REGULATIONS
LEGAL NOTICE 220 OF 2016
- Published in Kenya Gazette Vol. CXIX—No. 15 on 3 February 2017
- Commenced on 3 February 2017
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
1. Citation.
These Regulations may be cited as the Seeds and Plant Varieties (Seeds) Regulations.2. Interpretation.
In these Regulations, unless the context otherwise requires—"authorized person" means a competent private or public persons authorized by the Service in accordance with section 3B(1)(b) of the Act;"basic seed" means progeny of breeder's seed or pre-basic seed;"breeder seed" means progeny of parental stock;"certified seed" means progeny of basic seed or seed of higher classes;"compulsory certification" means mandatory certification for those varieties that have been tested in National Performance Trials, officially released and listed in the National Variety List;"Managing Director" means the Managing Director of the Kenya Plant Health Inspectorate Service or the designated person;"dressing" means a stage of seed processing where application of chemical substances on the surface of seeds is done as part of the seeds certification process;"field inspection" means an examination of a crop seed field including checking for effective isolation distance, hectarage of the seed field, true-ness to type, off-types, foreign cultivars and diseased plants as part of the seed certification programme;"isolation" means the required distance or time between two crops of the same species or between two crops of too closely related species to prevent contamination either mechanically or by pollination;"labeling" means the process of affixing a tag or identification mark so as to ensure correct identification of any container of seed;"licensed seed seller" means any person or institution licensed to sell tested and certified seed;"noxious weeds" means a plant declared to be a noxious weed under section 24(1) of the Agriculture and Food Authority Act (Cap. 317);"off-type plant" means a plant which does not exhibit the recognized and prescribed growth habits and characteristics of the variety being grown;"official seed tester" means an officer designated to be an official seed tester by the Service;"official seed sample" means a seed sample taken in accordance with these Regulations;"parental material" means the propagating material from which the breeder's seed is raised;"post control" means the growing of plants from seed lots which have been tested or certified to further determine and confirm varietal purity and freedom from disease infestation;"pre-basic"means progeny of breeder's seed;"Private seed sample"means any sample submitted to the seed testing laboratory other than the official seed sample;"purity" means the percentage by weight of pure seeds as determined by purity analysis in the seed laboratory;"pure germinating seed" means the proportion of pure seed in a seed lot capable of germinating into normal seedlings under optimal germination conditions;"registered seed grower" means a person or institution registered by the Service to grow seed crops;"registered seed merchant" means a person or firm or institution registered by the Service as suitable to produce, process or market seed;"sealing" means a person or firm or institution registered by the Service as suitable to produce, process or market seed;"seed analyst in-charge" means a suitably qualified person in charge of a seed testing laboratory;"seed class" means a stage in a seed multiplication system well defined in respect of parental seed standards of cultivation and seed quality;"seed health" means the level of freedom of either the seed or the seed crop from seed-borne diseases and pests;"seed industry" means the entire chain linked stages that start with breeding and crop improvement through seed multiplication, processing, certification and ends with seed marketing;"seed inspector" means a suitably qualified person appointed or authorized under section 3B of the Act;"seed lot" means a specified quantity of seed which measures to prescribed maximum weight and which is represented by one sample in laboratory seed testing or in post control plots, and is homogeneous and physically identifiable by a unique reference number;"seed processing" means all those treatments that the seed is subjected to between harvesting and sale but does not include seed testing;"seed production" means all the operations leading up to and including final harvesting of the seed from the seed crop field;"seed quality" means the set minimum standards (varietal purity, genetic and physical purity, germination capacity, and freedom from noxious weeds, seed borne diseases and pests) have been met;"seed testing" means the examination of a sample of seed with a view to determining its quality;"seed testing laboratory" means a laboratory for the testing of seed, declared by notice in the Gazette to be a seed testing laboratory;"standard” means the level of quality achieved during inspection or a laboratory test as defined in these Regulations;"standard seed” means seed that has met the minimum laboratory and post control standards for categories of crop as set by the Service;"storage” means a stage of seed processing in which seed is maintained in a condition that minimizes deterioration of quality of seed lots."technical grounds for appeal” means grounds for appeal in cases of rejection in seed production where an inspector did not consider all the factors of the seed crop prior to rejecting the crop;"test certificate” means a seed testing laboratory certificate made on official seed sample;"test report” means a seed testing laboratory report made on a private seed sample;"tested seed" means an official seed lot in respect of which there are valid laboratory test certificates;"weed" means any plant of type or species different from a crop species growing in or near a registered seed crop so as to constitute a threat to the registered seed crop.3. Prescribed seeds.
The seeds of the plant species set out in the First Schedule or such other seeds of plant species that the Cabinet Secretary may prescribe by order in the Gazette, shall be the prescribed seeds for the purposes of the Act.4. Seed Testing Station.
The Service shall by notice in the Gazette publish Seed Testing Stations established under section 11 of the Act and such shall be the official seed testing stations.5. Seed Regulation Committee.
6. Registration of seed merchants.
7. Registration growers.
8. Application of standards and procedures.
The procedures and standards applicable in these Regulations shall be in accordance with internationally recognized standards and procedures prescribed by the Service.9. Seed certification.
10. Authorization.
The Service may authorize some or all aspects of seed certification to authorized persons, provided that authorization shall not cover certification of basic seed and higher classes as well as new varieties in their first and second season of certification.11. Evaluation of applications.
12. Seed field inspection.
13. Transportation of harvested seed.
14. Seed processing inspection.
15. Seed sampling.
16. Seed testing.
17. Packaging, labeling and sealing.
18. Validity of certification.
19. Seed sale.
20. Seed sellers.
21. Seizure and disposal of seed and seed processing facilities.
22. Pre and post control plots.
23. Seed importation and exportation.
24. Disclosure of confidential information.
In the disclosure of confidential information, the provision of Section 3(e) of the Act shall apply.25. Appeals.
26. Offence.
A person who contravenes any of the requirements of these Regulations, commits an offence.27. Protection from liability.
28. Fees.
The fees set out in the Fifth Schedule, shall be payable in respect of the matters set out therein.29. Revocation L.N. 287/1991.
The Seeds and Plant Varieties (Seeds) Regulations are revoked.History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
03 February 2017
Commenced