NATIONAL AGRICULTURAL SEEDS COUNCIL ACT, 2019

CENTER FOR LAW OF NIGERIA : FEDERAL LAWS

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NATIONAL AGRICULTURAL SEEDS COUNCIL ACT, 2019

EXPLANATORY MEMORANDUM

This Act repeals the National Agricultural Seeds Act, Cap. N5 Laws of the Federation of Nigeriaa, 20004 and establishes the National Agricultural Seeds Council to promote and stimulate the development of dependable seed industry, regulate and control the registration of released varieties, protect the farmers from the sales of poor quality seeds, facilitate the production and marketing of high quality seeds in Nigeria  and provide legal backing for official testing certification, sales, importation, exportation, and use of seeds.

This Act also, promotes greater private sector participation in the seed subsection in line with the current agricultural seed policy globalisation and export trade promotion.

NATIONAL AGRICULTURAL SEEDS COUNCIL ACT, 2019

ARRANGEMENT OF SECTIONS

PART I – ESTABLISHMENT OF THE NATIONAL AGRICULTURAL SEEDS COUNCIL AND GOVERNING BOARD

1.   Establishment of the Agricultural Seeds Council.

2.   Establishment of the Governing Board.

3.   Non-constitution of the dissolution of the Board.

PART II – FUNCTIONS OF THE COUNCIL

4.   Functions of the Council.

5.   Powers of the Board.

PART III – APPOINTMENT OF THE DIRECTOR-GENERAL AND OTHER STAFF

6.   Appointment of the Director-General.

7.   Appointment of other staff and their pension.

8.   Appointment of Secretary and Legal Adviser.

PART IV – APPOINTMENT AND FUNCTIONS OF SEED INSPECTORS

9.   Appointment of seed Inspectors.

PART V – SEED REGISTRATION AND RELEASE

10. National seed catalogue.

11. West African Catalogue of Plant Species and Varieties.

12. Seed registration and release subcommittee.

13. Registration of varieties for release in the domestic market.

14. Registration and release of varieties for export purposes.

PART VI – SEED CERTIFICATION AND OFFICIAL CONTROL

15. Quality control and seed certification service.

16. Seed certification and standards.

17. Seed multiplication.

18. Seed categories.

19. Obligation to register as seeed operator.

20. Registrations of seed producers.

21. Procedure to apply for a licence as seed producer.

22. Access to seed materials.

23. Recognition of foreign seed certification agencies.

24. Incentives to the seed industry.

PART VII – SEED PRODUCTION AND PROCESSING

25. Conditions of production.

26. Control of production.

27. Multiplication on contract.

28. Inspections.

29. Sampling and laboratory analyses.

30. Seed laboratory.

31. Seed packaging and labeling.

32. Certification of labeling.

33. Seed storage and post-certification control.

34. Revocation of certification.

35. Informal seeds.

36. Seed import and export.

37. Application for exporting and importing seeds.

PART VIII – SUPPORT TO PLANT VARIETY DEVELOPMENT AND PLANT BREEDERS’ RIGHTS

38. Support to research on plant varieties.

39. Protection of breeders’ rights.

40. Temporary measures to protect farmers’ rights.

PART IX – INFRINGEMENTS AND OFFENCES

41. Offences.

42. Penalties.

43. Appeals.

44. Suits against the Council.

PART X – ESTABLISHMENT OF THE FUND OF NATIONAL AGRICULTURAL SEED COUNCIL

45. Fund of the Council.

PART XI – ESTABLISHMENT OF DEVELOPMENTS AND ZONES

46. Establishment of department and zones.

47. Zonal offices.

48. Register.

49. Issuance of certification.

PART XII – POWER TO PROSECUTE

50. Power to prosecute.

PART XIII – MISCELLANEOUS

51. Power to make regulations.

52. repeal of Cap. N5, LFN, 2004

53. Savings and transition.

54. Interpretation.

55. Citation.

SCHEDULES

NATIONAL AGRICULTURAL SEEDS COUNCIL ACT, 2019

An to Act repeal the National Agricultural Seeds Act, Cap. N5 Laws of the Federation of Nigeriaa, 20004 and establish the National Agricultural Seeds Council to promote and stimulate the development of dependable seed industry, regulate and control the registration of released varieties, protect the farmers from the sales of poor quality seeds, facilitate the production and marketing of high quality seeds in Nigeria  and provide legal backing for official testing certification, sales, importation, exportation, and use of seeds; and for related matters.

[COMMENCEMENT]                                                         (24TH JUNE, 2019)

Enacted by the National Assembly of the Federal Republic of Nigeria –

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