YH Collection of Laws for Electronic Access KENYA (3) The Seed Regulation Committee shall approve for registration, applicants who meet the following conditions— (a) seventy-five per cent of their business is either in processing, production or marketing; (b) they have adequate trained and competent personnel knowledgeable in seed related matters and conversant with Kenya’s seed industry; (c) they have established an extensive and comprehensive seed distribution channel of registered agents, subagents and stockists; (d) they have installed all equipment necessary for seed processing and storage. (4) Candidates whose applications are approved under paragraph (3) shall be entered into the register of seed merchants to be kept by the Director and shall be issued with a certificate of registration in Form SR 4 in the Sixth Schedule. (5) The certificate issued under paragraph (4) shall specify such conditions as may be necessary with respect to the production, processing or marketing of the seed. (6) Every registered seed merchant shall— (a) record such particulars of each seed lot Government tested and certified seed produced, purchased, sold or otherwise dealt with by him as may from time to time be prescribed; (b) keep such records in safe custody for a period of three years from the date of the transaction to which the records relate; (c) produce such records to any inspector for inspection whenever required during normal working hours; (d) be obliged to call an inspector to re-sample seed lots whose validity of certification has expired for further re-testing, re-labelling and re-sealing. (7) Any person who contravenes the provisions of paragraphs (1) and (6) shall be guilty of an offence. Seed Certification 10.—(1) Only cultivars officially released by the Minister and advanced breeder’s lines which have potential for release shall be eligible for certification. (2) Seeds shall be certified in eight classes as set out in the Third Schedule. (3) Any seed crop which contains noxious weeds or seedborne diseases that are difficult to eradicate shall not be eligible for certification. (4) No seed shall be certified unless it has been produced, inspected, sampled, tested, and it complies with the standards set out in the Fourth Schedule. KE011EN Plant Variety, Regulations (Ch. 326), 01/01/1975 (1991) page 7/53