Laws of Zambia Active 2010Agriculture (Fertilisers and Feed) (Amendment)
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Agriculture (Fertilisers and Feed) [ No. 32 of 2010 447
(Amendment)
GOVERNMENT OF ZAMBIA
ACT
No. 32 of 2010
Date of Assent: 14th August, 2010
An Act to amend the Agriculture (Fertilisers and Feed) Act
[16th August, 2010
ENACTED by the Parliament of Zambia.
1. This Act may be cited as the Agriculture (Fertilisers and Enactment
Feed) (Amendment) Act, 2010, and shall be read as one with the Short title
Agriculture (Fertilisers and Feed) Act, in this Act referred to as the Cap. 226
principal Act.
2. The principal Act is amended by the deletion of the long Amendment
title and the substitution therefor of the following: of long title
ipal Act.
2. The principal Act is amended by the deletion of the long Amendment
title and the substitution therefor of the following: of long title
An Act to provide for the regulation and control of the
manufacture, processing, importation and sale of agricultural
fertilisers: to provide for minimum standards of effectiveness
and purity of such fertilisers: and to provide for matters
connected with, or incidental to, the foregoing.
3. Section two of the principal Act is amended— Amendment
(a) by the deletion of the definitions “ farm feed " “ livestock " of section 2
and “ sterilising plant ”;
(b) by the deletion of the definition “farming requisite ” and
the substitution therefor of the following new definition;
“ farming requisite ” means any fertiliser, or any substance
used in the manufacture of a fertiliser; and
(c) in the definition of “ plant ” by the deletion after the word
“ fertiliser ” of the words “ or farm feed ”.
4. Section nineteen of the principal Act is amended by the Amendment
deletion of subsection (1) and the substitution therefor of the of section 19
following new subsection:
(1) Subject to the standards and other requirements
prescribed, the Minister may, for the purposes of this Act,
approve any laboratory as an approved laboratory for the
testing of fertilisers.
uirements
prescribed, the Minister may, for the purposes of this Act,
approve any laboratory as an approved laboratory for the
testing of fertilisers.
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka. Price K2,000 each
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448 No. 32 of 2010] Agriculture (Fertiliser and Feed)
(Amendment)
rnment Printer,
P.O. Box 30136, 10101 Lusaka. Price K2,000 each
[Page 2]
448 No. 32 of 2010] Agriculture (Fertiliser and Feed)
(Amendment)
Amendment 5. Section twenty-six of the principal Act is amended by the
of section 26 deletion of the words “ shall be guilty of an offence ” and the
substitution therefor of the words “ commits an offence and is liable,
upon conviction, to a fine not exceeding two hundred thousand
penalty units or to imprisonment for a period not exceeding two
years, or to both.
Amendment 6. Section twenty-seven of the principal Act is amended—
of section 27
(a) by the deletion in the marginal note of the words “ or
sterilising of bone, etc”;
(b) by the deletion of subsection (1) and the substitution
therefor of the following new subsection:
(b) by the deletion of subsection (1) and the substitution
therefor of the following new subsection:
(1) A person who, by any process, in any plant not
registered under this Act, purports to produce,
manufacture, compound or process any farming
requisite commits an offence and is liable, upon
conviction, to a fine not exceeding seven
hundred thousand penalty units or to
imprisonment for a period not exceeding seven
years, or to both;
(c) in subsection (2), by the deletion after the word
“ requisite ” of the words “ or bone or other substance
derived from animal carcass ”.
“ requisite ” of the words “ or bone or other substance
derived from animal carcass ”.
Amendment 7. Section twenty-eight of the principal Act is amended by
of section 28 the deletion of the words “ shall be guilty of an offence ” and the
substitution therefor of the words “ commits an offence and is
liable, upon conviction, to a fine not exceeding five hundred thousand
penalty units or to imprisonment for a period not exceeding five
years, or to both.”
Amendment 8. Section twenty-nine of the principal Act is amended by the
of section 29 deletion of the words “ shall be guilty of an offence ” and the
substitution therefor of the words “ commits an offence and is
liable, upon conviction, to a fine not exceeding five hundred thousand
penalty units or to imprisonment for a period not exceeding five
years, or to both.”
penalty units or to imprisonment for a period not exceeding five
years, or to both.”
Amendment 9. Section thirty of the principal Act is amended in subsection
of section 30 (2) by the deletion of the words “ shall be guilty of an offence ” and
the substitution therefor of the words “ commits an offence and is
liable upon conviction, to a fine not exceeding three hundred thousand
penalty units or to imprisonment for a period not exceeding three
years, or to both.”
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Agriculture (Fertiliser and Feed) [No. 32 of 2010 449
(Amendment)
t exceeding three
years, or to both.”
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Agriculture (Fertiliser and Feed) [No. 32 of 2010 449
(Amendment)
10. Section thirty-one of the principal Act is amended—
(a) by the deletion in the marginal note of the words " and
farm feed ";
(b) by the deletion of subsection (2) and (3); and
(c) by the deletion of subsection (4) and the substitution
thereof of the following new subsection:
(4) A statement by the seller as to the percentages of the
chemical or other substances contained in any article
sold for use as a fertiliser, in an invoice of such article, or
in any document, circular or advertisement descriptive of
such articles, shall have effect as a warranty by the seller.
11. The principal Act is amended by the repeal of sections
thirty-two, thirty-three, thirty-four, thirty-five, thirty-six and
thirty-seven.
12. Section thirty-nine of the principal Act is amended in
subsection (1) by the deletion of the words "shall be guilty of an
offence " and the substitution therefor of the words " commits an
offence and is liable, upon conviction, to a fine not exceeding seven
hundred thousand penalty units or to imprisonment for a period not
exceeding seven years, or to both."
13. The principal Act is amended by the repeal of section forty.
enalty units or to imprisonment for a period not
exceeding seven years, or to both."
13. The principal Act is amended by the repeal of section forty.
14. Section forty-one of the principal Act is amended in
subsection (5) by the deletion of the words "shall be guilty of an
offence " and the substitution therefor of the words " commits an
offence and is liable, upon conviction, to a fine not exceeding five
hundred thousand penalty units or to imprisonment for a period not
exceeding five years, or to both."
15. Section forty-three of the principal Act is amended in
subsection (1) by the deletion of the words "shall be guilty of an
offence " and the substitution therefor of the words " commits an
offence and is liable, upon conviction, to a fine not exceeding three
hundred thousand penalty units or to imprisonment for a period not
exceeding three years, or to both."
16. Section forty-four of the principal Act is amended by the
deletion of the words "shall be guilty of an offence " and the
substitution therefor of the words " commits an offence and is
liable, upon conviction, to a fine not exceeding seven hundred
thousand penalty units or to imprisonment for a period not exceeding
seven years, or to both."
Amendment
of section 31
Amendment
Of sections 32
to 37
Amendment
of section 39
Amendment
of section 40
iod not exceeding
seven years, or to both."
Amendment
of section 31
Amendment
Of sections 32
to 37
Amendment
of section 39
Amendment
of section 40
Amendment
of section 41
Amendment
of section 43
Amendment
of section 44
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450 No. 32 of 2010] Agriculture (Fertiliser and Feed)
(Amendment)
Amendment 17. Section forty-five of the principal Act is amended by the
of section 45 deletion of the words ‘‘ shall be guilty of an offence ’’ and the
substitution therefor of the words ‘‘ commits an offence and is
liable, upon conviction, to a fine not exceeding three hundred
thousand penalty units or to imprisonment for a period not exceeding
three years, or to both.’’
thousand penalty units or to imprisonment for a period not exceeding
three years, or to both.’’
Amendment 18. Section forty-six of the principal Act is amended by the
of section 46 deletion of the words ‘‘ shall be guilty of an offence ’’ and the
substitution therefor of the words ‘‘ commits an offence and is
liable, upon conviction, to a fine not exceeding three hundred
thousand penalty units or to imprisonment for a period not exceeding
three years, or to both.’’
Amendment 19. Section forty-eight of the principal Act is amended by the
of section 48 deletion of section 48 and the substitution therefor of the following
new section:
8 deletion of section 48 and the substitution therefor of the following
new section:
General 48. (1) Any person who contravenes any provision of
Penalty this Act, where no specific penalty has been provided, commits
an offence and is liable to a fine not exceeding two hundred
thousand penalty units or to imprisonment for a period not
exceeding two years, or to both.
(2) Where a person is convicted of an offence, under this
Act, the court may order that any fertiliser or other substance in
respect of which the offence has been committed be forfeited
to the state.
respect of which the offence has been committed be forfeited
to the state.
(3) Notwithstanding subsection (1) and (2), in the case of a
subsequent offence, the court may order, in addition to penalties
provided for under those subsections the revocation of that
person’s licence or the withdrawal of any other right held by the
person under this section.
Amendment 20. Section forty-nine of the principal Act is amended by the
of section 49 deletion of the words ‘‘ shall be guilty of an offence ’’ and the
substitution therefor of the words ‘‘ commits an offence and is
liable, upon conviction, to a fine not exceeding two hundred thousand
penalty units or to imprisonment for a period not exceeding two
years or to both.’’
penalty units or to imprisonment for a period not exceeding two
years or to both.’’
Amendment 21. Section fifty-two of the principal Act is amended by—
of section 52
(a) the deletion of paragraph (p); and
(b) the re-numbering of paragraph (q) as paragraph (p).Have questions about this law?
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