Seed Act, 1988 (Act No. 5).

This Act provides for the control of the quality of seeds, the recognition of plant varieties, the registration of sellers of seeds, the declaration of prescribed seeds by the Minister, the regulation of importation, exportation and placing on the market of seeds, the certification of seed and the establishment of a Seed Services Fund. The Act also establishes the certification procedures and deals with the related matters.
The 70 sections of the Act are grouped in ten parts: Part I - Preliminary Provisions. Section 2 provides a series of definitions including those of seed (part of a plant used or to be used for propagation, including seed potatoes); imported certified seeds; labelling; approved seed traders); purity; variety; and special variety.
Part II - Administration: the Controller of Seeds is responsible for the enforcement of the Act. He shall establish and maintain registers, including those for seed importers, cleaners and traders.
Part III - Whosoever engages in seed importation, cleaning or selling shall be registered in accordance with the Act. Sections 6 and 7: registration procedures (registration application addressed to the Controller of Seeds in the prescribe form; the Controller of Seeds' related functions; establishment of fees; supplementary conditions set by the Controller; registration refusal). Section 8: for the purposes of considering an application for registration, the Controller of Seeds may visit and inspect all premises which the applicant proposes to use. Section 9: form and display of the registration certificate. Section 10: devolution and transfer of business of a registered person. Section 11: cancellation of registration. Section 12: appeal to the Minister in the case of registration refusal. Section 13: audit of the register entries and possible alteration on the part of the Controller who is duly empowered in this regard.
Part IV - Seed tests. Establishment of seed testing stations, designation of official seed-testers and registers. Section 18: prohibition of tests outside approved stations. Section 19: delivery of test samples.
Part V - Appointment of seed inspectors and their powers, prohibitioin of inspection refusal (inspection of registered seed cleaner's premises and seizure of all related documents, stamps labels, packing materials and containers).
Part VI - Licensing of seed traders; classification as general or limited licence, with or without restriction) wholesale or retail); application, refusal and revocation of the licence; appeal to the Minister; new applications.
Part VII - Prescribed seeds (declaration of the Minister). Section 34; treating and cleaning of the prescribed seeds and inspecion. Sections 35 and 36: duties of seed trader for the sale of prescibed seeds (particulars to be included on the label; seizure and/or destruction by the Controller in the case of substandard germination and purity).
Part VIII - Seed importation and exportation. Section 37: restrictions of importation and exportation of restricted seeds, according to variety or class. Section 39: conditions of importation of prescribed seeds. Sections 40, 41, 42: methods for testing imported prescribed seeds; importation of samples; penalties.
Part IX - Seed certification and production of certified seeds. Section 43: certification of prescribed seeds as Malawi Certified Seed or Imported Certified Seed . Section 44: list of variety or varieties of prescribed seeds which may be cultivated for the purpose of certification. Sections 45 to 49: registration of seed producers; register; cancellation of registration; appeal to the Minister. Section 50: certification by the Controller of Seeds (specific variety, known derivation, production by a registered seed producer on land designated in the register; inspections and tests; issue of certificates). Sections 51 to 53: approved seeds to be used for the production of Malawi Certified Seeds ; sales certificate; certification of imported prescribed seeds as Imported Prescribed Seeds. Section 54: duties of trader. Sections 55 and 56: prohibition against the sale of uncertified seeds or of certified seeds without the appropriate certificate.
Part X - Offences and miscellaneous provisions: in particular, the tampering and falsification of stamps and documents; sale by unlicensed traders; sale of prescribed seeds which have not been tested, do not conform to the official standards, or are under a name other the the varietal name; inpsection of registers. Sections 68 and 69: non-applicability to the sale of prescribed seeds which are not Malawi Certified Seed and which are produced by a seed producer on his own land and sold by him for sowing purposes and not for resale.
Section 71: the Minister's implementation regulations; register entries; licence and certification applications; certificates; licences and reports; quality standards and testing station scientific equipment; operation and management of seed-testing stations; sampling; testing stations methods; standards of germination and purity of prescribed varietits to be certified; conditions for the sale of seed for sowing; labelling and marking; limitations or prohibitions related to the purchase and use of all crops to be sown or planted on land contiguous or adjacent to land used to produced certified seeds; control of prices.