The Food Reserve Act, 2020

THE FOOD RESERVE ACT, 2020
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY PROVISIONS
Section
1. Short title
2. Interpretation
PART II
FOOD RESERVE AGENCY
3. Continuation of Food Reserve Agency
4. Seal of Agency
5. Functions of Agency
6. Board of Agency
7. Functions of Board
8. Delegation of functions
9. Tenure of office for members and vacancy
10. Proceedings of Board
11. Committees
12. Allowances
13. Disclosure of interest
14. Prohibition of publication or disclosure of information to unauthorised
person
15. Executive Director
16. Secretary and other staff of Agency
17. Emoluments and other conditions of service of Executive Director,
Secretary and other staff
18. Immunity of member, committee and employee
PART III
THE NATIONAL STRATEGIC FOOD RESERVE
19. Continuation of National Strategic Food Reserve
20. Role of Minister in National Strategic Food Reserve
21. Designation of agricultural commodity
Food Reserve [No. 6 of 2020 95
Copies of this Act can be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka. Prices K40.00 each.

odity
Food Reserve [No. 6 of 2020 95
Copies of this Act can be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka. Prices K40.00 each.

22. Purchase and importation of designated agricultural commodity
23. Power to inspect records
24. Sale of designated agricultural commodity
25. Receipt of designated agricultural commodity and non-designated
agricultural commodity
26. Standard of designated agricultural commodity
27. Offence and penalty for misrepresenting grade
PART IV
FINANCIAL PROVISIONS
28. Funds of Agency
29. Financial year
30. Accounts
31. Annual report
PART V
GENERAL PROVISIONS
32. Declaration of national food emergency and vesting of Agency functions
33. Restricted area
34. Compounding of certain offences by Executive Director
35. Offence by principal officers of a body corporate and unincorporate
body
36. Regulations
37. Act to bind Republic
38. Repeal of Cap. 225
SCHEDULE
96 No. 6 of 2020] Food Reserve

ers of a body corporate and unincorporate
body
36. Regulations
37. Act to bind Republic
38. Repeal of Cap. 225
SCHEDULE
96 No. 6 of 2020] Food Reserve

Enactment
Short title
Interpretation
Act No. 3 of
2012
Cap. 1
Food Reserve [No. 6 of 2020 97
An Act to continue the existence of the Food Reserve
Agency and re-define its functions; re-constitute the
Board of the Agency; to continue the existence of the
National Strategic Food Reserve; to repeal and replace
the Food Reserve Act, 1995; and to provide for matters
connected with, or incidental to, the foregoing. [26th Otcober, 2020
ENACTED by the Parliament of Zambia. PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Food Reserve Act, 2020. 2.

ing. [26th Otcober, 2020
ENACTED by the Parliament of Zambia. PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Food Reserve Act, 2020. 2.

In this Act, unless the context otherwise requires—
“ Agency ” means the Food Reserve Agency continued under
section 3;
“ associate ” has the meaning assigned to the word in the
Anti-Corruption Act;
“ Board ” means the Board of the Agency constituted under
section 6;
“ Chairperson ” means the person elected as Chairperson of
the Board under section 6;
“ committee ” means a committee of the Board constituted
under section 11;
“ designated agricultural commodity ” means cereal oilseed,
stockfeed and other agricultural food commodity
designated as essential for the food security of the country
under section 21;
“ emoluments ” has the meaning assigned to the word in the
Constitution;
GOVERNMENT OF ZAMBIA
ACT
No. 6 of 2020
Date of Assent: 23rd October, 2020

21;
“ emoluments ” has the meaning assigned to the word in the
Constitution;
GOVERNMENT OF ZAMBIA
ACT
No. 6 of 2020
Date of Assent: 23rd October, 2020

“ Emoluments Commission ” means the Emoluments
Commission established under the Constitution;
“ Executive Director ” means the person appointed as
Executive Director of the Agency under section 15;
“ legally disqualified ” means the absence of legal capacity
as provided in section 4 of the Mental Health Act;
“ marketing season ” means the period from the 1st May in
each year to the 30th April of the following year;
“ member ” means a member of the Board or a committee of
the Board;
“ National Food Balance Sheet ” means an annual
comprehensive compilation of selected food supply and
demand for the Republic for a specific period by the
Ministry responsible for agriculture in collaboration with
the Zambia Statistics Agency;
“ National Strategic Food Reserve ” means an inventory or
stockpile of designated agricultural commodities maintained
by the Agency for purposes of food security in accordance
with section 19;
“ processor ” means a person who converts or transforms,
on a commercial scale, any designated agricultural
commodity into a finished or semi finished product;
“ producer ” means a person who grows a designated
agricultural commodity;
“ purchaser ” means a person who directly or indirectly
purchases for oneself, or for another person a designated
agricultural commodity;
“ relative ” has the meaning assigned to the word in the Anti-
Corruption Act;
“ repealed Act ” means the Food Reserve Act;
“ Secretary ” means the person appointed as Secretary under
section 16;
“ shortfall ” means the non-availability of a sufficient quantity
of a designated agricultural commodity supplied through
domestic production, food stocks or imports as defined in
the National Food Balance Sheet;
“ trader ” means a person who, as broker, dealer, marketing
company, or other purchaser, acquires any designated
Cap.

the National Food Balance Sheet;
“ trader ” means a person who, as broker, dealer, marketing
company, or other purchaser, acquires any designated
Cap.

1
Act No. 6 of
2019
Act No. 3 of
2012
Act No. 12 of
1995
98 No. 6 of 2020] Food Reserve

1
Act No. 6 of
2019
Act No. 3 of
2012
Act No. 12 of
1995
98 No. 6 of 2020] Food Reserve

agricultural commodity from a producer or any other person
through a purchase or otherwise, for the purpose of resale;
and
“ Vice-Chairperson ” means the person elected as Vice-
Chairperson of the Board under section 6. PART II
FOOD RESERVE AGENCY
3. (1) The Food Reserve Agency established under the repealed
Act is continued as if established under this Act. (2) The Agency is a body corporate with a common seal,
capable of suing and being sued and, subject to this Act, of
performing acts that a body corporate may by law do or perform. 4. (1) The seal of the Agency shall be a device that may be
determined by the Agency and shall be kept by the Secretary. (2) The affixing of the seal shall be authenticated by the
Chairperson or the Vice-Chairperson and in the absence of the
Chairperson, the Secretary or any other person authorised in that
behalf by a resolution of the Board. (3) A contract or instrument which, if entered in to, or executed
by a person, not being a body corporate, is not required to be under
seal, may be entered into or executed without seal on behalf of the
Agency by the Executive Director or any other person authorised
in that behalf by a resolution of the Board.

or executed without seal on behalf of the
Agency by the Executive Director or any other person authorised
in that behalf by a resolution of the Board.

(4) A document purporting to be a document under the seal of
the Agency or issued on behalf of the Agency shall be received in
evidence and shall be executed or issued without further proof,
unless the contrary is proved. 5. (1) The function of the Agency is to manage the National
Strategic Food Reserve established under Part III. (2) Despite the generality of subsection (1), the functions of
the Agency are to—
(a) market and trade a designated agricultural commodity;
(b) purchase, import, sell, trade or export a designated
agricultural commodity;
(c) establish, manage, lease, and maintain a storage facility
and equipment to be used in relation to a designated
agricultural commodity;
Continuation
of Food
Reserve
Agency
Cap. 225
Functions of
Agency
Seal of
Agency
Food Reserve [No. 6 of 2020 99

to a designated
agricultural commodity;
Continuation
of Food
Reserve
Agency
Cap. 225
Functions of
Agency
Seal of
Agency
Food Reserve [No. 6 of 2020 99

(d) collect information related to the marketing of a
designated agricultural commodity; and
(e) advise the Minister on matters relating to the National
Strategic Food Reserve. 6. (1) There is constituted a Board of the Agency which
consists of the following part-time members appointed by the
Minister:
(a) a representative each of an association representing—
(i) small scale farmers;
(ii) large scale farmers;
(iii) millers; and
(iv) grain traders;
(b) a representative of the Attorney-General;
(c) a representative each of the ministry responsible for—
(i) agriculture;
(ii) fisheries and livestock;
(iii) finance; and
(iv) commerce, trade and industry; and
(d) two persons with proven knowledge and experience in
matters relevant to this Act. (2) The ministries, institutions, or organisations under subsection
(1)(a), (b) and (c) shall nominate their representatives for
appointment by the Minister. (3) The members shall elect the Chairperson and Vice-
Chairperson from among themselves. (4) The Chairperson shall not be elected from members under
subsection (1)(b) and (c). (5) The members under subsection (1)(a), shall possess
knowledge and experience relevant to this Act.

ed from members under
subsection (1)(b) and (c). (5) The members under subsection (1)(a), shall possess
knowledge and experience relevant to this Act.

(6) A person shall not be appointed as a member of the Board
if that person—
(a) is not a citizen;
(b) is an employee of the Agency;
(c) is convicted of an offence under this Act or any written
law and is sentenced to imprisonment for a period
exceeding six months without the option of a fine;
Board of
Agency
100 No. 6 of 2020] Food Reserve

n
law and is sentenced to imprisonment for a period
exceeding six months without the option of a fine;
Board of
Agency
100 No. 6 of 2020] Food Reserve

(d) is legally disqualified; or
(e) is an undischarged bankrupt. 7. (1) Subject to this Act, the Board shall perform the functions
of the Agency and provide strategic policy direction to the Agency. (2) Despite subsection (1), the functions of the Board are to—
(a) promote effective corporate governance of the Agency;
(b) formulate the policies and strategies of the Agency;
(c) approve documents of a policy nature of the Agency;
and
(d) approve the annual budget estimates and financial
statements of the Agency. 8. (1) The Board may, by direction in writing and on conditions
that the Board considers necessary, delegate to the Executive
Director any of its functions under this Act. (2) A delegation made under subsection (1) shall not prevent
the Board from performing the function so delegated. (3) The Minister may give to the Board directions, which are
consistent with this Act, relating to the performance of its functions
and the Board shall give effect to those directions. 9.

d directions, which are
consistent with this Act, relating to the performance of its functions
and the Board shall give effect to those directions. 9.

(1) A member of the Board shall hold office for a term of
three years and may be reappointed for a further term of three
years on terms and conditions that may be specified in the instrument
of appointment but shall not consecutively hold office for more
than two terms. (2) On the expiration of the term for which a member is
appointed, the member shall continue to hold office until another
member is appointed, but in no case shall the further period exceed
three months. (3) The office of a member shall become vacant if that
member—
(a) dies;
(b) is adjudged bankrupt;
(c) is absent from three consecutive meetings of the Board,
of which the member has had notice, without the prior
approval of the Board;
(d) resigns;
(e) becomes legally disqualified;
(f) is found guilty of professional misconduct;
Functions of
Board
Delegation of
functions
Tenure of
office for
members
and vacancy
Food Reserve [No. 6 of 2020 101

guilty of professional misconduct;
Functions of
Board
Delegation of
functions
Tenure of
office for
members
and vacancy
Food Reserve [No. 6 of 2020 101

(g) is convicted of an offence under this Act or any written
law and is sentenced to imprisonment for a period
exceeding six months without the option of a fine; or
(h) ceases to be a representative of the ministry, institution,
or organisation that nominated or appointed that member
to sit on the Board. (4) The Minister shall, where there is a vacancy in the
membership of the Board, before the expiry of the term of office,
appoint another person to replace that member but the person
appointed shall hold office for the remainder of that term. 10. (1) Subject to this Act, the Board may regulate its own
procedure. (2) The Board shall meet at least once every three months at
a place that the Board may determine. (3) The Chairperson shall, on giving notice of not less than
seven days, call a meeting of the Board, if one-third or more of the
members so request, in writing, except that if the urgency of a
particular matter does not permit the giving of notice, a special
meeting may be called on giving shorter notice. (4) The quorum of the Board at any meeting shall be two-
thirds of the members.

g of notice, a special
meeting may be called on giving shorter notice. (4) The quorum of the Board at any meeting shall be two-
thirds of the members.

(5) There shall preside at a meeting of the Board—
(a) the Chairperson;
(b) in the absence of the Chairperson, the Vice-Chairperson;
or
(c) in the absence of the Chairperson and the Vice-
Chairperson, a member elected from among the
members present at the meeting for the purpose of that
meeting. (6) A decision of the Board on any question shall be by a
majority of members present and voting at the meeting and, in the
event of an equality of votes, the person presiding at the meeting
shall have, in addition to a deliberative vote, a casting vote. (7) Where a member is for any reason unable to attend the
meeting of the Board, the member may, in writing, nominate another
person from the same ministry, institution or organisation to attend
the meeting in that member’s place and that person shall be deemed
to be a member for the purpose of that meeting but that person
shall have no vote. Proceedings
of Board
102 No. 6 of 2020] Food Reserve

hall be deemed
to be a member for the purpose of that meeting but that person
shall have no vote. Proceedings
of Board
102 No. 6 of 2020] Food Reserve

(8) The Board may invite any person, including an observer,
whose presence, in its opinion, is desirable to attend and participate
in the deliberation of a meeting of the Board, but that person or
observer shall have no vote. (9) The Board shall cause minutes to be kept of the proceedings
of every meeting of the Board and any committee of the Board. 11. (1) The Board may, for the purpose of exercising its powers
and the effective and efficient performance of the functions of the
Agency, constitute committees and delegate to the committees
functions of the Agency that it considers necessary. (2) The Board may appoint, as members of a committee,
persons who are or are not members of the Board and those
persons shall hold office for a period that the Board may determine. (3) A committee shall have the power to invite any person
whose presence, in its opinion, is desirable to attend and participate
in the deliberations of the meeting of the committee but that person
shall have no vote.

sence, in its opinion, is desirable to attend and participate
in the deliberations of the meeting of the committee but that person
shall have no vote.

(4) A person presiding at a meeting of a committee shall cause
a record to be kept of the proceedings of the meeting and shall
cause to be submitted to the Board that record, as soon as possible
after a meeting of the committee. (5) Subject to any specific or general direction of the Board
and other provisions of this section, a committee may regulate its
own procedure at a meeting. 12. A member shall be paid allowances that the Emoluments
Commission may, on the recommendation of the Minister, determine. 13. (1) If any person is present at a meeting of the Board or a
committee of the Board at which any matter, in which that person
or any member of that person’s relative or associate is directly or
indirectly interested in a private capacity, is the subject of
consideration, that person shall, as soon as practicable during the
meeting disclose that interest and shall not, unless the Board or the
committee otherwise directs, take part in any consideration or
discussion of, or vote on, any question relating to that matter. (2) A disclosure of interest made under this section shall be
recorded in the minutes of the meeting at which the disclosure is
made.

to that matter. (2) A disclosure of interest made under this section shall be
recorded in the minutes of the meeting at which the disclosure is
made.

Committees
Allowances
Disclosure
of interest
Food Reserve [No. 6 of 2020 103

Committees
Allowances
Disclosure
of interest
Food Reserve [No. 6 of 2020 103

14. (1) A person shall not, without the consent in writing given
by or on behalf of the Board or as otherwise permitted by any
written law, publish or disclose to any other person, otherwise than
in the course of that person’s duties, the contents of any document,
communication or information whatsoever, which relates to, and
which has come to that person’s knowledge in the course of, that
person’s duties under this Act. (2) A person who contravenes subsection (1) commits an
offence and is liable, on conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term not
exceeding two years, or to both. (3) A person who, having information which to the knowledge
of that person has been published or disclosed in contravention of
subsection (1), unlawfully publishes or communicates that
information to any other person, that person commits an offence
and is liable, on conviction, to a fine not exceeding two hundred
thousand penalty units or to imprisonment for a period not exceeding
two years, or to both. (4) Nothing in this section shall be interpreted to prohibit the
publication and dissemination of a final decision of the Board. 15.

ears, or to both. (4) Nothing in this section shall be interpreted to prohibit the
publication and dissemination of a final decision of the Board. 15.

(1) The Board shall appoint the Executive Director who
is the chief executive officer of the Agency and is, subject to the
control of the Board, responsible for the day-to-day administration
of the Agency. (2) The Executive Director shall attend meetings of the Board
as an ex-officio member and may address those meetings, but
shall not vote on any matter. 16. (1) The Board shall appoint the Secretary and other staff
that may be necessary for the performance of the functions of the
Board. (2) The Secretary is, under the general direction of the
Executive Director, responsible for the corporate secretarial affairs
of the Board. 17. (1) The Emoluments Commission shall, on the
recommendation of the Board, determine the emoluments of the
Executive Director, Secretary and other staff of the Agency. (2) The Board shall determine the conditions of service, other
than emoluments, of the Executive Director, Secretary and other
staff of the Agency. Prohibition
of publication
or disclosure
of information
to
unauthorised
person
Executive
Director
Secretary
and other
staff of
Agency
Emoluments
and other
conditions of
service of
Executive
Director,
Secretary
and other
staff
104 No.

utive
Director
Secretary
and other
staff of
Agency
Emoluments
and other
conditions of
service of
Executive
Director,
Secretary
and other
staff
104 No.

6 of 2020] Food Reserve

6 of 2020] Food Reserve

18. An action or other proceeding shall not lie or be instituted
against a member, a committee or a member of staff of the Agency,
for or in respect of any act or thing done or omitted to be done in
good faith in the exercise or performance of any of the powers or
functions conferred under this Act. PART III
THE NATIONAL STRATEGIC FOOD RESERVE
19. (1) The National Strategic Food Reserve established under
the repealed Act, is continued as if established under this Act. (2) The purpose of the National Strategic Food Reserve is
to—
(a) maintain the type and quantity of a designated agricultural
commodity as determined by the Agency;
(b) ensure a reliable supply of a designated agricultural
commodity for the country;
(c) meet local shortfalls in the supply of a designated
agricultural commodity;
(d) meet a food emergency caused by drought, flood or by
other natural disaster, for the purposes of this Act, that
may be declared by the President; and
(e) correct problems relating to the supply of a designated
agricultural commodity arising from the manipulation of
prices or monopolistic trading practices.

rect problems relating to the supply of a designated
agricultural commodity arising from the manipulation of
prices or monopolistic trading practices.

(3) The Agency shall take into account the following when
determining the quantity of a designated agricultural commodity to
be maintained as part of the National Strategic Food Reserve under
subsection (2)(a):
(a) lean period;
(b) human consumption;
(c) industrial requirement;
(d) livestock requirements;
(e) mobilisation of resources;
(f) importation period;
(g) climate change; or
(h) any other factor that the Agency may determine. (4) An activity undertaken by the Agency under subsection
(2)(c) and (e) is a concerted conduct designed to achieve a non-
Immunity of
member,
committee
and
employee
Continuation
of National
Strategic
Food
Reserve
Act No. 12
of 1995
Food Reserve [No. 6 of 2020 105

e a non-
Immunity of
member,
committee
and
employee
Continuation
of National
Strategic
Food
Reserve
Act No. 12
of 1995
Food Reserve [No. 6 of 2020 105

commercial socio-economical objective for the purposes of section
3(3)(d) of the Competition and Consumer Protection Act. 20. (1) The Minister shall, for the purposes of this Act—
(a) approve the quantity and type of a designated
agricultural commodity to be maintained in, sold, traded
or issued from, the National Strategic Food Reserve;
(b) cause the collection of data for the purposes of national
food security;
(c) cause the inspection and verification of stock levels of
designated agricultural commodities; and
(d) cause the preparation of the National Food Balance
Sheet. (2) The Minister may appoint inspectors to perform the
functions under subsection (1)(b) and (c). (3) A person shall not obstruct or refuse to provide information
to an inspector in the performance of the inspector’s function under
subsection (2). (4) A person who contravenes subsection (3) commits an
offence and is liable, on conviction, to a fine not exceeding five
hundred thousand penalty units or to imprisonment for a term not
exceeding five years, or to both. 21.

le, on conviction, to a fine not exceeding five
hundred thousand penalty units or to imprisonment for a term not
exceeding five years, or to both. 21.

The Minister shall, by statutory instrument, at least sixty
days before the planting season, designate an agricultural commodity
that the Minister considers essential for the food security of the
country. 22. (1) The Agency may purchase from the domestic market
or import a designated agricultural commodity for the purposes of
the National Strategic Food Reserve. (2) The Agency shall, in purchasing a designated agricultural
commodity from the domestic market—
(a) identify, enter and operate markets in rural areas;
(b) establish or determine prices and create a market for a
designated agricultural commodity in rural areas; and
(c) enter a domestic market that may be determined by the
Agency. (3) The Agency shall purchase a designated agricultural
commodity from the domestic market if it announces the type and
quantity of the designated agricultural commodity to be purchased
in the marketin season in the Gazette and a daily newspaper of
general circulation in the Republic at least thirty days before the
commencement of the following marketing season.

e Gazette and a daily newspaper of
general circulation in the Republic at least thirty days before the
commencement of the following marketing season.

Role of
Minister in
National
Strategic
Food
Reserve
Designation
of
agricultural
commodity
Purchase and
importation
of designated
agricultural
commodity
Act No. 24
of 2010
106 No. 6 of 2020] Food Reserve

Designation
of
agricultural
commodity
Purchase and
importation
of designated
agricultural
commodity
Act No. 24
of 2010
106 No. 6 of 2020] Food Reserve

(4) The Agency may purchase a type and quantity of the
designated agricultural commodity that is required to properly rotate,
distribute and position the designated agricultural commodity as
part of the National Strategic Food Reserve. 23. (1) Subject to the Agricultural Credits Act, a trader or
processor shall, prior to selling a designated agricultural commodity
to the Agency, declare to the Agency whether or not the designated
agricultural commodity has previously been pledged as security or
registered as a charge under that Act in the prescribed manner and
form. (2) A trader or processor who fails to declare to the Agency
under subsection (1) that a designated agricultural commodity is
pledged as security or where a charge is registered on the designated
agricultural commodity commits an offence and is liable, on
conviction, to a fine not exceeding two hundred thousand penalty
units or to imprisonment for a term not exceeding two years, or to
both. 24.

able, on
conviction, to a fine not exceeding two hundred thousand penalty
units or to imprisonment for a term not exceeding two years, or to
both. 24.

(1) The Agency may—
(a) sell a designated agricultural commodity from the
National Strategic Food Reserve to—
(i) meet a local shortfall in the supply of the
commodity; or
(ii) meet a food emergency caused by drought, flood,
or other natural disaster;
(b) export any excess designated agriculture commodity;
or
(c) enter into a partnership for the purposes of paragraph
(a) or (b). (2) The Agency may, where a designated agricultural
commodity is maintained as part of the National Strategic Food
Reserve, sell or dispose of the type and quantity of the designated
agricultural commodity in different places that the Agency considers
necessary to—
(a) properly handle, rotate, distribute and position the
designated agricultural commodity as part of the National
Strategic Food Reserve; or
(b) secure the National Strategic Food Reserve. (3) Subject to subsection (2), a purchase to offset a sale of a
designated agricultural commodity may be made as soon as is
reasonably practicable following that sale. Power to
inspect
records
Act No. 35
of 2010
Sale of
designated
agricultural
commodity
Food Reserve [No. 6 of 2020 107

practicable following that sale. Power to
inspect
records
Act No. 35
of 2010
Sale of
designated
agricultural
commodity
Food Reserve [No. 6 of 2020 107

25. The Agency may—
(a) receive as a donation a designated agricultural commodity
or any commodity not designated under this Act as part
of the National Strategic Food Reserve; or
(b) sell any donation received in paragraph (a) in accordance
with this Act. 26. The Agency shall—
(a) use the standards of quality, condition, quantity and grade
of a designated agricultural commodity approved by the
Zambia Bureau of Standards under the Standards Act
and the Compulsory Standards Act to ensure uniformity
and consistency; and
(b) consult the Zambia Metrology Agency in approving the
weighing and measuring equipment used in the purchase
of a designated agricultural commodity in accordance
with the Metrology Act. 27. (1) A person shall not knowingly sell to the Agency a grade
of a designated agricultural commodity contrary to the standards
approved by the Zambia Bureau of Standards under section 26. (2) A person who contravenes subsection (1) commits an offence
and is liable, on conviction, to a fine not exceeding five hundred
thousand penalty units or to imprisonment for a term not exceeding
five years, or to both. PART IV
FINANCIAL PROVISIONS
28.

not exceeding five hundred
thousand penalty units or to imprisonment for a term not exceeding
five years, or to both. PART IV
FINANCIAL PROVISIONS
28.

(1) The funds of the Agency consists of money that may—
(a) be appropriated to the Agency by Parliament for the
purposes of the Fund;
(b) be paid to the Agency by way of grants or donations;
(c) be obtained through sale of publications;
(d) subject to the Public Finance Management Act be
generated from a sale of a designated agricultural
commodity for the purposes of maintaining and securing
the National Strategic Food Reserve; or
(e) vest in, or accrue to, the Agency. (2) The Agency may, subject to the approval of the Minister—
(a) accept monies by way of grants or donations from any
source in the Republic and from any source outside the
Republic;
Receipt of
designated
agricultural
commodity
and non-
designated
agricultural
commodity
Standard of
designated
agricultural
commodity
Act No. 4 of
2017
Act No. 3 of
2017
Act No. 6
of 2017
Offence and
penalty for
misrepresenting
grade
Funds of
Agency
Act No. 1 of
2018
108 No. 6 of 2020] Food Reserve

17
Act No. 3 of
2017
Act No. 6
of 2017
Offence and
penalty for
misrepresenting
grade
Funds of
Agency
Act No. 1 of
2018
108 No. 6 of 2020] Food Reserve

(b) raise, by way of loans or otherwise money that the
Agency may require for the performance of its functions;
(c) charge and collect fees in respect of programmes,
publications, seminars, consultancy and other services
provided by the Agency; or
(d) lease storage facilities and equipment. (3) There shall be paid from the funds of the Agency—
(a) salaries, allowances, loans, gratuities and pensions of
the staff of the Agency;
(b) reasonable travelling and subsistence allowances for
members, when engaged on the business of the Agency
and at rates that the Emoluments Commission may, on
the recommendation of the Minister, determine; and
(c) any other expenses incurred by the Agency in carrying
out its functions under this Act. (4) The Board may invest, in monies that the Agency does not
immediately require for the performance of the Agency’s functions. 29. The financial year of the Agency shall be a period of
twelve months ending on 31st December of each year. 30. (1) The Board shall cause to be kept proper books of
accounts and other records relating to the accounts of the Agency.

1st December of each year. 30. (1) The Board shall cause to be kept proper books of
accounts and other records relating to the accounts of the Agency.

(2) The accounts of the Agency shall be audited annually by
the Auditor-General or an auditor appointed by the Auditor-General. (3) The fees for the Auditor-General or an auditor appointed
by the Auditor-General shall be paid by the Agency. 31. (1) The Board shall, as soon as practicable, but not later
than ninety days after the end of the financial year, submit to the
Minister a report concerning the Agency’s activities during the
financial year. (2) The report under subsection (1), shall include information
on the financial affairs of the Agency and there shall be appended
to the report—
(a) an audited statement of financial position;
(b) an audited statement of comprehensive income and
expenditure; and
(c) other information that the Minister may require. Financial
year
Accounts
Annual
report
Food Reserve [No. 6 of 2020 109

income and
expenditure; and
(c) other information that the Minister may require. Financial
year
Accounts
Annual
report
Food Reserve [No. 6 of 2020 109

(3) The Minister shall, not later than seven days after the first
sitting of the National Assembly next after receipt of the report
under subsection (1), lay the report before the National Assembly. PART V
GENERAL PROVISIONS
32. (1) The President may, on the recommendation of the
Minister, by proclamation, declare a national food emergency in
the event of a shortfall in the—
(a) domestic production; or
(b) availability of a designated agricultural commodity. (2) Where the President declares a national food emergency
under subsection (1), the President shall administer the National
Strategic Food Reserve. (3) The President shall, authorise the Agency to purchase the
deficit of the designated agricultural commodity required for the
purposes of the National Strategic Food Reserve during the period
of the national food emergency. 33. (1) The Minister may, by statutory instrument, designate a
storage facility used for the storage of a designated agricultural
commodity as a restricted area. (2) A person who is in a restricted area shall comply with
directions regulating the person’s movements and conduct that may
be given by the Agency.

. (2) A person who is in a restricted area shall comply with
directions regulating the person’s movements and conduct that may
be given by the Agency.

(3) A person who, while in a restricted area fails to comply
with a direction under subsection (2) commits an offence and is
liable, on conviction, to a fine not exceeding three hundred thousand
penalty units or to imprisonment for a term not exceeding three
years, or to both. (4) A person who is unlawfully found on the premises of a
storage facility designated as a restricted area under subsection
(1), commits an offence and is liable, on conviction, to a fine not
exceeding three hundred thousand penalty units or to imprisonment
for a term not exceeding three years, or to both. 34. Subject to the written consent of the Director of Public
Prosecutions after an investigation by the Agency and an admission
by a person who committed an offence under this Act, the Executive
Director may compound the offence by collecting from that person
a sum of money that the Executive Director considers appropriate,
but not exceeding fifty percent of the maximum amount of the fine
to which that person would have been liable, on conviction, and a
person having made that payment shall not thereafter be prosecuted
in relation to the offence so compounded.

ld have been liable, on conviction, and a
person having made that payment shall not thereafter be prosecuted
in relation to the offence so compounded.

Declaration
of national
food
emergency
and vesting
of Agency
functions
Restricted
area
Compounding
of certain
offences by
Executive
Director
110 No. 6 of 2020] Food Reserve

l
food
emergency
and vesting
of Agency
functions
Restricted
area
Compounding
of certain
offences by
Executive
Director
110 No. 6 of 2020] Food Reserve

35. Where an offence under this Act is committed by a body
corporate or unincorporate body, with the knowledge, consent or
connivance of the director, manager, shareholder or partner of the
body corporate or unincorporate body, that director, manager,
shareholder or partner commits an offence and is liable, on
conviction, to the penalty or term of imprisonment specified for
that offence. 36. The Minister may, by statutory instrument, make regulations
that are necessary for the better carrying out of the provisions of
this Act. 37. This Act binds the Republic. 38. (1) The Food Reserve Act, is repealed. (2) Despite subsection (1), the Schedule applies to the savings
and transitional arrangements of the Agency. SCHEDULE
(Section 38)
SAVINGS AND TRANSITIONAL PROVISIONS
1. In this Schedule “ former Agency ” means the Food Reserve
Agency established under the repealed Act. 2. A person who immediately before the commencement of
this Act held office as a member of the former Agency shall continue
to hold office as a member for a period of three months after
which the Minister shall appoint the members of Board in
accordance with this Act. 3.

ue
to hold office as a member for a period of three months after
which the Minister shall appoint the members of Board in
accordance with this Act. 3.

(1) For the avoidance of doubt, a person who, before the
commencement of this Act, was an officer or employee of the
former Agency, shall continue to be an officer or employee of the
Agency, as if appointed or employed under this Act. (2) The service of a person under subparagraph (1) shall be
treated as continuous service. (3) Nothing in this Act affects the rights and liabilities of any
person employed or appointed by the former Agency before this
Act comes into force. 4. (1) On or after this Act comes into force, there shall be
transferred to, vest in, and subsist against the Agency by virtue of
this Act and without further assurance, all assets, rights and
obligations which immediately before that date were the assets,
rights, liabilities and obligations of the former Agency. Offence by
principal
officers of a
body
corporate
and
unincorporate
body
Regulations
Act to bind
Republic
Repeal of
Cap. 225
Interpretation
Cap. 225
Member
Staff of
Agency
Transfer of
assets and
liabilities
Food Reserve [No. 6 of 2020 111

to bind
Republic
Repeal of
Cap. 225
Interpretation
Cap. 225
Member
Staff of
Agency
Transfer of
assets and
liabilities
Food Reserve [No. 6 of 2020 111

(2) Subject to subparagraph (1), every deed, bond and
agreement, other than an agreement for personnel service, to which
the former Agency was a party immediately before the
commencement of this Act whether or not of a nature that rights,
liabilities and obligations could be assigned, shall, unless its subject
matter or terms make it impossible that it should have effect as
modified, as provided under this paragraph, have effect as if—
(a) the Agency had been party to it;
(b) for any reference to the former Agency there was
substituted, with respect to anything falling to be done
on or after this Act comes into force, a reference to the
Agency; or
(c) for any reference to any officer of the former Agency,
not being a party to it and beneficially interested, there
were substituted, as respects anything falling to be done
on or after the commencement of this Act, a reference
to that officer of the Agency as the Agency shall
designate.

espects anything falling to be done
on or after the commencement of this Act, a reference
to that officer of the Agency as the Agency shall
designate.

(3) Where under this Act, any assets, rights, liabilities and
obligations of the former Agency are deemed to be transferred to
the Agency in respect of which transfer a written law provides for
registration, the Agency shall make an application in writing to the
appropriate registration authority for registration of the transfer. (4) The registration authority, under subparagraph (3), shall
make entries in the appropriate register that shall give effect to the
transfer and, where applicable, issue to the transferee concerned a
certificate of title in respect of the property or make necessary
amendments to the register and shall endorse the deeds relating to
the title, right or obligation concerned and no registration fees or
other duties shall be payable in respect of the transaction. (5) Any direction or authorisation granted in accordance with
the repealed Act, whether to a company or an individual, shall be
deemed, until expiry, to be a direction or authorisation granted in
accordance with this Act, but subject to any rights or benefits
accruing, or any liabilities suffered, under the repealed Act, but
without the right of renewal. 5.

th this Act, but subject to any rights or benefits
accruing, or any liabilities suffered, under the repealed Act, but
without the right of renewal. 5.

(1) Any legal proceedings or applications of the former
Agency pending immediately before this Act comes into force by
or against the former Agency may be continued by or against the
Agency. Legal
proceedings
112 No. 6 of 2020] Food Reserve

(2) After the commencement of this Act, proceedings in
respect of any right, liability or obligation which was vested in,
held, enjoyed, incurred or suffered by the former Agency, may be
instituted by or against the Agency.
6. The National Strategic Food Reserve held by the former
Agency shall continue to be the National Strategic Food Reserve
for the Agency under this Act.
National
Strategic
Food Reserve
of former
Agency
Food Reserve [No. 6 of 2020 113

114