Measure

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.

(1) Subject to subsection (8), no person may import into Namibia any seed -

(a) unless the seed -

(i) is of a variety of which the denomination is entered in the register;
(ii) complies with any prescribed requirements;
(iii) is packed in a container which is sealed and branded, marked or labelled in the prescribed manner with the prescribed information;
(iv) is imported through a prescribed port of entry;

(b) under a denomination other than the denomination entered in the register in respect thereof; or
(c) which is of a kind or belongs to a class importation of which has been prohibited by the Minister by notice in the Gazette.

(2) Despite the provisions of subsection (1) the Registrar may, in his or her discretion and on such conditions as he or she may determine, in writing allow the importation of a consignment of seed which does not conform to all or any of the requirements referred to in subsection (1).

(3) The Minister may by notice in the Gazette determine that any particular kind of seed, or seed of a particular kind of plant, may only be imported with a permit issued by the Registrar and on such conditions as the Registrar may specify in such permit.

(4) A person requiring a permit of the Registrar as contemplated in subsection (3) must apply to the Registrar for such permit in the prescribed manner.

(5) Subject to subsection (8), a person importing a consignment of seed must in the prescribed manner furnish the Registrar with the particulars which the Registrar may determine regarding such consignment, and such consignment may not be removed from a port contemplated in subsection (1)(a)(iv) unless the Registrar has authorised the removal thereof in writing.

(6) Seed imported into Namibia must, if the Registrar so requires, be presented for examination and sampling at a port contemplated in subsection (1)(a)(iv).

(7) If the Registrar requires seed to be presented for examination and sampling, in terms of subsection (6), he or she must determine the manner in which and the time and place at which the examination and sampling must be carried out.

(8) The provisions of this section do not apply with reference to the importation of seed intended for purposes other than cultivation or for immediate export.

(9) A person importing seed under the circumstances contemplated in subsection (8) must, prior to or on arrival of the seed in question in Namibia, furnish to the Registrar a declaration to that effect in the prescribed manner.

(10) If seed has been imported contrary to the provisions of this section, the Registrar may -

(a) order that the seed in question must within the period determined by the Registrar at the option of the importer -

(i) be destroyed without compensation; or

(ii) be removed from Namibia at the expense of the importer; or

(b) permit the disposal thereof in Namibia in such manner and on such conditions as he or she may determine.

(11) Any person who contravenes or fails to comply with subsection (1), (5) or (9) commits an offence and is liable on conviction to a fine not exceeding N$10 000 or to imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment.