conditions, or prohibit the importation of any particular variety or class
of seed into Zambia and may from time to time, by regulation, amend or
revoke any such regulation.
(2) Any regulation made under subsection (1) may include any
particular variety or class of prescribed seed.
(3) In this Act, "restricted seed" means any seed the importation of
which is, by virtue of a regulation made by the Minister under this
section, for the time being restricted, limited, subject to condition or
prohibited.
40. (1) Any person who, without a permit from the Minister as
provided by section forty-one, imports any restricted seed into Zambia
in contravention of any regulation made by the Minister under section
thirty-nine, shall be guilty of an offence.
Prohibition
against
importation of
restricted seed
(2) Upon conviction of any person of an offence under this section, the
court may, at the request of the prosecution, and in addition to any other
penalty imposed, declare any such imported restricted seed found in the
possession or under the control of the defendant to be forfeited, or may
order it to be destroyed, without compensation, or may both declare it to
be so forfeited and order it to be so destroyed, without compensation.
41. (1) Notwithstanding the provisions of any regulation made under
section thirty-nine, the Minister may, at any time and as often as he
deems it expedient, permit the importation into Zambia of any specific
restricted seed, or of any specific variety or class of restricted seed.
(2) Any permit granted under subsection (1) shall be in writing, and
may be subject to any conditions which the Minister may deem fit to
impose.
(3) Where, under the provisions of this section, the Minister permits the
importation of any restricted seed which is also prescribed seed, the
provisions of this Act applicable to the importation, testing, sale and
disposal of prescribed seed shall apply thereto as if the said prescribed
seed had not been restricted seed under this Act.
Power of
Minister to
permit
importation of
restricted seed
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