Related documents
- Is amended by Agriculture (Fertilisers and Feed) (Amendment) Act, 2010
Zambia
Agriculture (Fertilisers and Feed) Act, 1966
Chapter 226
- Commenced on 1 January 1970
- [This is the version of this document as it was at 31 December 1996 to 15 August 2010.]
- [This legislation has been revised and consolidated by the Ministry of Legal Affairs of the Government of the Republic of Zambia. This version is up-to-date as at 31st December 1996.]
Part I – Preliminary
1. Short title
This Act may be cited as the Agriculture (Fertilisers and Feed) Act.2. Interpretation
In this Act, unless the context otherwise requires—"aggrieved party" means any person whose application for registration under this Act has been refused or made subject to any condition by the Registering Officer; or any person who had been registered as registered owner of a registered plant and whose registration as such registered owner or the registration of such registered plant has been cancelled by the Registering Officer;"approved analyst" means a person who has been approved as an analyst under and for the purposes of this Act;"approved laboratory" means any laboratory which has been approved as a laboratory under and for the purposes of this Act;"brand" means the impression or representation of any letter, number, geometrical figure, mark, sign or symbol, and includes any combination of such impressions or representations;"compost" means vegetable matter or mixed vegetable and animal matter so decomposed as to form an organic manure;"court" means a subordinate court, save where otherwise appears;"farm feed" means any vegetable, animal, chemical or mineral substance, whether in its natural state or which has been artificially prepared, which is alleged to possess nutritive properties and is intended, or offered for sale, or sold, for use in the feeding of livestock; but does not include straw, chaff, unground hay, silage, cereal in the grain, or any substance which falls within this definition but which has been crushed, gristed or ground for a farmer in accordance with his directions for his own use, unless by regulation such substance has been prescribed to be a farm feed for the purpose of this Act;"farmer" means a person who is engaged in farming in Zambia, either exclusively or together with some profession, business or other occupation;"farming requisite" means any fertiliser or farm feed, or any substance used in the manufacture of a fertiliser or farm feed;"fertiliser" means any substance or compound of substances, which is intended or offered for sale, or sold, for use in the improvement or maintenance of the growth of plants or of the productivity of the soil; but does not include farmyard or stable manure; kraal manure, compost, wood ash, town refuse or night soil, when sold in its original conditions and under its name;"inspector" means a person appointed an inspector under this Act;"laboratory" means any premises used for scientific work or research and suitably equipped for scientific analysis;"livestock" means any horse, mare, gelding, ass, jennet, mule, bull, cow, ox, heifer, steer, calf, sheep, lamb, hog, pig, sow, goat, fowl, ostrich, dog, cat or any other domestic animal, fowl or bird;"owner" includes any absolute owner, lessee, tenant or licensee of any premises used as a plant, and any agent resident in Zambia of any non-resident owner;"plant" means any premises used for the purpose of manufacturing, compounding or producing any fertiliser or farm feed, and shall include any sterilising plant;"registered owner" means the person registered in the register of plant as the owner of any plant registered under the provisions of this Act;"registered plant" means any plant registered in the register of plant under the provisions of this Act;"Registering Officer" means the person appointed as such in pursuance of the provisions of section three;"sell" includes to exchange or to barter or to offer, keep, expose, transmit, convey, or deliver for sale, exchange or barter; and cognate words shall be construed accordingly;"sterilising plant" means any premises used for the sterilising of bone or any other substance derived from animal carcass.Part II – Registration, renewal and cancellation of registration
3. Appointment of Registering Officer
4. Register
The Registering Officer shall cause to be kept a register of plant which shall contain—5. Application for registration of plant and owner and registration thereof
6. Registration in cases of partnership or joint ownership of plant
7. Inspection on application for registration
Upon an application being made under this Act for first registration of any plant, the Registering Officer shall cause such plant to be inspected by an inspector.8. Provisional registration of plant before inspection
Upon application being made under this Act for first registration of any plant, the Registering Officer may, if he so thinks fit, register such plant in the register before it has been inspected in pursuance of section seven, and, when the Registering Officer so registers any such plant, the following provisions shall have effect, that is to say:9. Certificate of provisional registration of plant and owner
10. Certificate of registration of plant and owner
11. Renewal of registration
12. Devolution and transfer of registered plant
13. Cancellation of registration of plant, etc.
If the Registering Officer is satisfied—14. Reasons for refusal to register, etc.: when to be furnished
15. Appeal to Minister
16. Alteration of registration of plant
17. Registration fees
Part III – Analysts and laboratories
18. Analysts, approval of
19. Laboratories approval by Minister
20. Rolls of approved analysts and laboratories
The Registering Officer shall cause the following rolls to be kept:21. Reports, certificates, etc., of approved laboratories
Any reports, certificates or other documents issued or furnished by an approved laboratory for the purposes of this Act shall be in the forms prescribed.22. Prohibition against testing of farming requisites in non-approved laboratory
Part IV – Inspectors: Searches and seizures
23. Inspectors of farming requisites
There shall be inspectors of farming requisites who shall be inspectors for the purposes of this Act.24. Duly authorised officers
25. Powers of inspectors and duly authorised officers to search plant and seize machinery, farming requisites, books, etc.
26. Prohibition against obstruction etc., of inspectors and duly authorised officers
Any person who—Part V – Manufacture, processing and sale of farming requisites
27. Prohibition against production of farming requisites or sterilising of bone, etc., in non-registered plant
28. Prohibition against sale of farming requisites not in bulk without prescribed statement
Any person who sells any farming requisite in sacks, bags or other containers and who at the time of delivery fails to furnish to the purchaser a statement of the prescribed analysis, in the form prescribed for use on such sale of such farming requisite, shall be guilty of an offence.29. Prohibition against sale of farming requisites in bulk without prescribed statement of analysis of bulk material
Any person who sells any farming requisite in bulk and who at the time of delivery fails to furnish to the purchaser a statement of the prescribed analysis of the said bulk material, in the form prescribed for use on such sale of such farming requisite, shall be guilty of an offence.30. Ingredients of farming requisites sold under trade name, etc., to be disclosed
31. Warranties as to fertilisers and farm feed
32. Conditions for the manufacture or sale of fertiliser or farm feed containing animal substance
33. Prohibition against offering or sale or advertising bone, etc., for farming requisites before sterilisation
34. Certificate of sterilisation, by whom issued
35. Statement required of intended purchaser of non-sterilised bone, etc.
36. Prohibition against sale of non-sterilised bone, etc.
37. Certificate of sterilisation of bone, etc., to be produced for inspection
Part VI – Importation of farming requisites
38. Power of Minister to prohibit importation of farming requisites
The Minister may, from time to time, by regulation, restrict, limit or prohibit the importation of any particular farming requisite, or class of farming requisites, into Zambia, without the prior written consent of the Minister.39. Prohibition against importation of farming requisites
40. Conditions for importation of fertilisers and farm feed containing animal substance bone, etc.
41. Seizure and disposal of unlawfully imported farming requisites
Part VII – Miscellaneous
42. Disposal of substandard farming requisites
43. Failure to comply with Act or regulations an offence
Any person who contravenes or fails to comply with any of the provisions of this Act, or with any regulation, requirement or condition lawfully prescribed thereunder, shall be guilty of an offence.44. Prohibition against tampering with samples
Any person who—45. Prohibition against altering, defacing or removing official records, etc.
Any person who shall, without lawful authority, alter, deface or remove—46. Prohibition against altering, etc., documents and marks
Any person who shall, without lawful authority, alter or deface—Part VIII – Proceedings and penalty
47. Certificate or report prima facie evidence of facts certified
In any proceedings brought under this Act, the production of any certificate or report of any test prescribed under this Act shall be sufficient evidence of the facts therein stated unless the defendant or person charged requires, as regards a certificate or report issued by an approved laboratory, that the approved analyst or the person who made the analysis be called as a witness:Provided that this section shall not apply as regards a certificate or report issued by an approved laboratory where the sample analysed has been taken otherwise than in the manner prescribed.48. Penalty
Save where otherwise expressly provided by this Act, any person who is convicted by the court of an offence under this Act shall, in the case of a first such offence, be liable to a fine not exceeding three hundred penalty units or to imprisonment for a term not exceeding three months, or to both; and in the case of a second or any subsequent offence, to a fine not exceeding seven hundred and fifty penalty units or to imprisonment for a term of six months, or to both.[As amended by Act No. 13 of 1994]49. Secrecy
If any person—50. Protection of secret processes, etc., against disclosure
Nothing in this Act shall require particulars of any secret process, formula or preparation to be disclosed, but the Minister shall be entitled to require disclosure to him of the ingredients used (but not the percentages thereof) and may also require that the cost of production (exclusive of overhead charges) shall be furnished by the producer under the certificate, verified by statutory declaration, of a qualified accountant approved by the Minister.51. Inspection of registers and rolls
All registers and rolls maintained by the Registering Officer under this Act shall be open to the inspection of any person applying to the Registering Officer on payment of the fee prescribed.Part IX – Regulations and rules
52. Regulations
The Minister may, by statutory instrument, make regulations for the better carrying out of this Act, and, without prejudice to the generality of the foregoing, such regulations may make provision for—53. Rules of court
The Chief Justice may, by statutory instrument, make rules providing for—History of this document
16 August 2010 amendment not yet applied
31 December 1996 this version
Consolidation
01 January 1970
Commenced