..
"seed cleaning plant" includes any premises used for the removal of impurities from seed;
"seed importer" means any person who, either exclusively, or in conjunction with any other
trade or business, imports seed into Malawi for resale;
"seed inspector" means any person designated as seed inspector under section 21;
"seed producer" means any person who, either exclusively or in conjunction with any other
trade or business, produces seed for sale;
"seed seller" means any person who, either exclusively or in conjunction with any other
trade of business, sells seed for sowing;
"seed-testing laboratory" means any premises, suitably equipped for the purpose, where
seed is tested for its purity and germination capacity;
"sell" includes to exchange or barter or to offer, advertise, keep, expose, transmit,
convey[,]deliver [or prepare for sale or exchange or to dispose of for any
consideration whatsoever orJg transmit, conveyor deliver] for or in pursuance of a
sale, exchange or barter;
"special variety" means any variety of prescribed seed which has been specified by the
Minister pursuant to section 44 for the purposes of Part IX;
"variety" means
(a).breeding line or clone which (i) is sufficiently homogeneous, and
(ii) can be differentiated from another of the same kind or one or more
characteristics which are capable of definition and recognition;
(iii) and is reasonably uniform and stable after repeated propagation; or
(b).a first generation F1 hybrid;
(c) a multi-line.
"Varietal name" means the name given to a specific variety of seed by its originator or
discoverer.
PART II
ADMINISTRATION
3. Controller of Seeds
(1) There shall be a Controller of Seeds for the purposes of this Act, who shall be an
officer in the public service, and who, subject to the general and special directions of
the Minister, shall be responsible for the administration of this Act.
(2) (a) The Controller of Seeds may authorize any officer or, with the approval of the
Minister, a person who is not an officer, to exercise, perform or carry out any power,
function or duty of the Controller of Seeds.
(b) Any decision made or order given by such officer or person may be withdrawn or
amended by the Controller of Seeds, and shall, until it has been so withdrawn or
amended be deemed, except for the purpose of this paragraph, to have been made
or given by the Controller of Seeds.
(3) The prOVisions of this Act shall apply to any seed which lthe Controller of Seeds may,
by inclusion in a Variety List, declare to be a prescribed or notified kind or variety for
the pur-poses of this Act and different kinds or varieties may be prescribed or notified
for different areas.]--
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