Legal Document

Promulgation of Seeds and Seeds Varieties Act, 2018 (Act No. 23 of 2018)

Attachment	Category	Type
Seeds and Seeds varieties Act No. 23 of 2018 (1).pdf	Import/Export	Act

Measures in the Legal Document

1. Export of plants or seed

Type	Class	Valid From	Valid To
Restriction	Goods	31/12/2018
To export seeds from Namibia, a person must have a certificate from the Registrar authorizing the export. The application for the certificate must be made in the prescribed manner and include the required fee. The Registrar may inspect, sample, and test the seeds before granting the certificate, and the applicant must pay for these services. The Registrar can prohibit the export if deemed necessary. Exceptions exist for seeds intended for non-cultivation purposes or small quantities. Violating these regulations can result in a fine up to N$10,000, imprisonment for up to 12 months, or both.

2. Restrictions on importation of seed

Type	Class	Valid From	Valid To
Restriction	Goods
Importing seeds into Namibia is regulated with strict conditions. A person may not import seeds unless they meet specific criteria, such as being of a registered variety, complying with prescribed standards, being properly sealed and labeled, and entering through a designated port. Importation of seeds under different denominations, or of certain prohibited classes, is also restricted. However, the Registrar may allow exceptions in writing under specific conditions. The Minister may designate certain seeds that require a special permit for importation. Importers must provide the Registrar with details about the seed consignment and cannot remove the seeds from the port without authorization. Imported seeds may need to be presented for examination and sampling as directed by the Registrar. These regulations do not apply to seeds intended for non-cultivation purposes or immediate export, but a declaration must still be provided to the Registrar. If seeds are imported in violation of these regulations, the Registrar can order their destruction or removal at the importer's expense, or permit their disposal under certain conditions. Violations can result in fines up to N$10,000, imprisonment for up to 12 months, or both.

Type

Class

Valid From

Valid To

Restriction

Goods

Importing seeds into Namibia is regulated with strict conditions. A person may not import seeds unless they meet specific criteria, such as being of a registered variety, complying with prescribed standards, being properly sealed and labeled, and entering through a designated port. Importation of seeds under different denominations, or of certain prohibited classes, is also restricted.

However, the Registrar may allow exceptions in writing under specific conditions. The Minister may designate certain seeds that require a special permit for importation. Importers must provide the Registrar with details about the seed consignment and cannot remove the seeds from the port without authorization.

Imported seeds may need to be presented for examination and sampling as directed by the Registrar. These regulations do not apply to seeds intended for non-cultivation purposes or immediate export, but a declaration must still be provided to the Registrar.

If seeds are imported in violation of these regulations, the Registrar can order their destruction or removal at the importer's expense, or permit their disposal under certain conditions. Violations can result in fines up to N$10,000, imprisonment for up to 12 months, or both.

3. Seed dealers to be registered

Type	Class	Valid From	Valid To
General	Goods	31/12/2018
To sell, keep for sale, offer to sell, barter, import, export, or otherwise supply seeds in Namibia, a person must be registered as a seed dealer. Registration requires an application to the Registrar, along with the prescribed fee, and is granted based on the applicant meeting requirements related to infrastructure, equipment, technical ability, and knowledge. Once registered, dealers must provide the Registrar with information about seed stocks, lots, expiry dates, and related details. The Registrar has the authority to suspend or cancel a dealer's registration if it was obtained through misrepresentation or if the dealer violates the Act's provisions. Failure to comply with these regulations, including operating without registration or not providing required information, is an offence punishable by a fine up to N$10,000, imprisonment for up to 12 months, or both.

Type

Class

Valid From

Valid To

General

Goods

31/12/2018

To sell, keep for sale, offer to sell, barter, import, export, or otherwise supply seeds in Namibia, a person must be registered as a seed dealer. Registration requires an application to the Registrar, along with the prescribed fee, and is granted based on the applicant meeting requirements related to infrastructure, equipment, technical ability, and knowledge.

Once registered, dealers must provide the Registrar with information about seed stocks, lots, expiry dates, and related details. The Registrar has the authority to suspend or cancel a dealer's registration if it was obtained through misrepresentation or if the dealer violates the Act's provisions.

Failure to comply with these regulations, including operating without registration or not providing required information, is an offence punishable by a fine up to N$10,000, imprisonment for up to 12 months, or both.

Republic of Namibia