FERTILIZERS, FARM FEEDS AND REMEDIES

CHAPTER 67:04
FERTILIZERS, FARM FEEDS AND REMEDIES

ARRANGEMENT OF SECTIONS

    SECTION

    1.    Short title

    2.    Interpretation

    3.    Restriction on sale, etc., of remedies

    4.    Use of sterilizing plant

     4A.    Security of supply

    5.    Invoices required in the case of sale of fertilizers and farm feeds

    6.    Minister may exclude any fertilizer, farm feed or remedy from the Act

    7.    Appointment of registering officer

    7A.    Committees

    7B.    Composition of committees

    7C.    Committees may co-opt persons to attend meetings

    7D.    Tenure of office of committee members

     7E.    Allowances payable to members

    7F.    Meetings of the committee

    7G.    Non-liability of members of the committee

    7H.    Members to declare interests

    8.    Registration of remedies and sterilizing plants

    9.    Cancellation of registration

    10.    Appeal against decision of registering officer

    11.    Appointment of inspectors and analysis

    12.    Powers of inspector

    13.    Offences and penalties

    14.    Procedure and evidence

    15.    Special defences in case of prosecution

    16.    Regulations

    17.    Publication of returns

    18.    Compensation for injury arising from use of farm requisite

12 of 1970
9 of 1991
8 of 1996
G.N. 34/1989

    An Act to provide for the registration of sterilizing plants and certain remedies; to provide for the establishment of committees for fertilizers, farm feeds and remedies; to regulate and restrict the sale of fertilizers, farm feeds and certain remedies, and substances of animal origin intended for the manufacture of fertilizers or farm feeds and to provide for matters incidental to the foregoing

23^RD AUGUST, 1973—FARM FEEDS, 1^ST MAY, 1989—REMEDIES 10^TH MAY, 1991

1.    Short title

    This Act may be cited as the Fertilizers, Farm Feeds and Remedies Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    “advertisement” includes any statement, picture, design or device—

    (a)    published in any newspaper or public print; or

    (b)    contained in any handbill, circular or other matter which is distributed to members of the public through the post or brought to the notice of the public in any other manner whatsoever;

    “analyst” means a person appointed to be an analyst under section 11;

    “brand” means the impression or representation of any letter, number, geometrical figure, mark, sign or symbol and includes any combination of such impressions or representations;

    “committee” means any committee established under section 7A;

    “compost” means vegetable matter or mixed vegetable and animal matter so decomposed as to form an organic manure;

    “farm feed” means—

    (a)    (i) any substance obtained by a process of crushing, gristing or grinding or by the addition to any substance the removal therefrom of any ingredient;

        (ii)    any condimental feed or mineral substance which possesses or is alleged to possess nutritive properties; or

        (iii)    any substance of animal origin, which is intended or offered for the feeding of poultry, domestic animals or livestock;

    (b)    any stock lick or substance which can be used and is used as a stock lick, whether or not such stock lick or substance possesses medicinal properties;

    (c)    any substance declared by the Minister, by notice published in the Gazette, to be a farm feed for the purposes of this Act,

but does not include straw, chaff, unground hay, silage, cereal in the grain, or any substance which falls within this definition but which has been crushed, gristed or ground for a farmer in accordance with his directions for own use, unless such substance has been declared to be a farm feed under paragraph (c);

    “farmer” means a person who devotes his attention to farming in Malawi, either exclusively or together with some profession, business or other occupation;

    “farming requisite” means any fertilizer, farm feed or remedy, or any substance used in the manufacture of a fertilizer, farm feed or remedy;

    “fertilizer” means any substance which is intended or offered for improving or maintaining the growth of plants or the productivity of the soil, but does not include farmyard or stable manure, kraal manure, compost, wood ash, gypsum, town refuse or night soil when sold in its original condition and under its name;

    “inspector” means a person appointed an inspector under section 11;

    “registrar” means the person appointed under section 7;

    “remedy” means any substance which is intended or offered—

    (a)    for the destruction of any noxious plant or insect;or

    (b)    in regard to poultry, domestic animals, livestock or plants, for the prevention, treatment or cure of any disease, infestation or other unhealthy or unfavourable condition, or for the maintenance of health, but does not include any substance prescribed by a veterinarian for a specific patient or group of patients;

    “sell” includes to…