Fertilizer Act, 2023 (No. 13 of 2023).

The Fertilizer Act 2023 is organized in X Parts. Part 2 provides for the establishment of the Malawi Fertilizer Regulatory Authority and establishes its functions, powers, composition, meetings and other matters. Part 3 concerns the administration of the Act; the Malawi Fertilizer Regulatory Authority y shall appoint a Director General, who shall be the chief executive officer of the Authority and shall, subject to the general direction of the Authority, be responsible for the day-to day operations of the Authority. Part 4 regulates funds and property of the Authority. Part 5 lays down the discipline for registration of fertilizers approved for use; the Minister may, by regulations, prescribe requirements for a fertilizer to be registered for use in Malawi, including the chemistry, microbiology, composition, efficacy, toxicology and safety standards. The Authority shall also maintain a Fertilizer Register in which shall be registered fertilizers that are approved for use in Malawi. A fertilizer registration shall be specific to the registered fertilizer brand name and the manufacturer. A person shall not manufacture, produce, blend, import, export or distribute a fertilizer unless the fertilizer is registered in the Fertilizer Register.
Part 6, fertilizer manufacturing and blending, prescribes that a person shall not manufacture or produce fertilizer for distribution in Malawi unless the person is registered as a fertilizer manufacturer under this Act. A registered fertilizer manufacturer shall only manufacture or produce fertilizer (a) that is registered in the Fertilizer Register; (b) from a registered fertilizer manufacturing facility; and (c) of the type the manufacturer is registered to manufacture or produce. Similarly for blending a fertilizer. The Act continues providing with details on laboratory testing requirements and guidelines and efficacy field evaluation trials. Part 7 provides for the distribution of fertilizer, and establishes that a person shall not distribute fertilizer unless (a) the person is registered as a fertilizer distributor under this Act; (b) the fertilizer is registered in the Fertilizer Register; (c) the premises from which the fertilizer is distributed is licensed by the Authority; and (d) the fertilizer is packaged in a sealed fertilizer container labelled as prescribed under section 35. Part 8 regulates import and export of fertilizers. Part 9 establishes the Appeals Panel from decisions of the Authority. Part 10 offences and penalties: Prohibition against production or distribution of misbranded, harmful or adulterated fertilizer ; Prohibition against repackaging expired fertilizer; etc.