Related documents
- Repeals Food Reserve Act, 1995
Zambia
Food Reserve Act, 2020
Act 6 of 2020
- Published in Government Gazette on 26 October 2020
- Assented to on 23 October 2020
- Commenced on 26 October 2020
- [This is the version of this document from 26 October 2020.]
Part I – Preliminary provisions
1. Short title
This Act may be cited as the Food Reserve Act, 2020.2. Interpretation
In this Act, unless the context otherwise requires—"Agency" means the Food Reserve Agency continued under section 3;"associate" has the meaning assigned to the word in the Anti-Corruption Act;[Act No. 3 of 2012]"Board" means the Board of the Agency constituted under section 6;"Chairperson" means the person elected as Chairperson of the Board under section 6;"committee" means a committee of the Board constituted under section 11;"designated agricultural commodity" means cereal oilseed, stockfeed and other agricultural food commodity designated as essential for the food security of the country under section 21;"emoluments" has the meaning assigned to the word in the Constitution;[Cap. 1]"Emoluments Commission" means the Emoluments Commission established under the Constitution;[Cap. 1]"Executive Director" means the person appointed as Executive Director of the Agency under section 15;"legally disqualified" means the absence of legal capacity as provided in section 4 of the Mental Health Act;[Act No. 6 of 2019]"marketing season" means the period from the 1st May in each year to the 30th April of the following year;"member" means a member of the Board or a committee of the Board;"National Food Balance Sheet" means an annual comprehensive compilation of selected food supply and demand for the Republic for a specific period by the Ministry responsible for agriculture in collaboration with the Zambia Statistics Agency;"National Strategic Food Reserve" means an inventory or stockpile of designated agricultural commodities maintained by the Agency for purposes of food security in accordance with section 19;"processor" means a person who converts or transforms, on a commercial scale, any designated agricultural commodity into a finished or semi finished product;"producer" means a person who grows a designated agricultural commodity;"purchaser" means a person who directly or indirectly purchases for oneself, or for another person a designated agricultural commodity;"relative" has the meaning assigned to the word in the Anti-Corruption Act;[Act No. 3 of 2012]"repealed Act" means the Food Reserve Act;[Act No. 12 of 1995]"Secretary" means the person appointed as Secretary under section 16;"shortfall" means the non-availability of a sufficient quantity of a designated agricultural commodity supplied through domestic production, food stocks or imports as defined in the National Food Balance Sheet;"trader" means a person who, as broker, dealer, marketing company, or other purchaser, acquires any designated agricultural commodity from a producer or any other person through a purchase or otherwise, for the purpose of resale; and"Vice-Chairperson" means the person elected as ViceChairperson of the Board under section 6.Part II – Food Reserve Agency
3. Continuation of Food Reserve Agency
4. Seal of Agency
5. Functions of Agency
6. Board of Agency
7. Functions of Board
8. Delegation of functions
9. Tenure of office for members and vacancy
10. Proceedings of Board
11. Committees
12. Allowances
A member shall be paid allowances that the Emoluments Commission may, on the recommendation of the Minister, determine.13. Disclosure of interest
14. Prohibition of publication or disclosure of information to unauthorised person
15. Executive Director
16. Secretary and other staff of Agency
17. Emoluments and other conditions of service of Executive Director, Secretary and other staff
18. Immunity of member, committee and employee
An action or other proceeding shall not lie or be instituted against a member, a committee or a member of staff of the Agency, for or in respect of any act or thing done or omitted to be done in good faith in the exercise or performance of any of the powers or functions conferred under this Act.Part III – The National Strategic Food Reserve
19. Continuation of National Strategic Food Reserve
20. Role of Minister in National Strategic Food Reserve
21. Designation of agricultural commodity
The Minister shall, by statutory instrument, at least sixty days before the planting season, designate an agricultural commodity that the Minister considers essential for the food security of the country.22. Purchase and importation of designated agricultural commodity
23. Power to inspect records
24. Sale of designated agricultural commodity
25. Receipt of designated agricultural commodity and non-designated agricultural commodity
The Agency may—26. Standard of designated agricultural commodity
The Agency shall—27. Offence and penalty for misrepresenting grade
Part IV – Financial provisions
28. Funds of Agency
29. Financial year
The financial year of the Agency shall be a period of twelve months ending on 31st December of each year.30. Accounts
31. Annual report
Part V – General provisions
32. Declaration of national food emergency and vesting of Agency functions
33. Restricted area
34. Compounding of certain offences by Executive Director
Subject to the written consent of the Director of Public Prosecutions after an investigation by the Agency and an admission by a person who committed an offence under this Act, the Executive Director may compound the offence by collecting from that person a sum of money that the Executive Director considers appropriate, but not exceeding fifty percent of the maximum amount of the fine to which that person would have been liable, on conviction, and a person having made that payment shall not thereafter be prosecuted in relation to the offence so compounded.35. Offence by principal officers of a body corporate and unincorporate body
Where an offence under this Act is committed by a body corporate or unincorporate body, with the knowledge, consent or connivance of the director, manager, shareholder or partner of the body corporate or unincorporate body, that director, manager, shareholder or partner commits an offence and is liable, on conviction, to the penalty or term of imprisonment specified for that offence.36. Regulations
The Minister may, by statutory instrument, make regulations that are necessary for the better carrying out of the provisions of this Act.37. Act to bind Republic
This Act binds the Republic.38. Repeal of Cap. 225
History of this document
26 October 2020 this version
Commenced
23 October 2020
Assented to
Cited documents 0
Documents citing this one 2
Gazette 1
1. | Zambia Government Gazette dated 2021-09-24 number 7039 |
Judgment 1
1. | Chipota v Katuta and Anor (HP 62 of 2021) [2021] ZMHC 31 (22 November 2021) |