Act No: CAP. 326
Act Title: SEEDS AND PLANT VARIETIES
SUBSIDIARY LEGISLATION
Arrangement of Sections

SEEDS AND PLANT VARIETIES (SEEDS) REGULATIONS, 1991

ARRANGEMENT OF REGULATIONS

1.

Citation.

2.

Interpretation.

3.

Prescribed seeds.

4.

Seed testing and certification station.

5.

Seed Regulation Committee.

6.

Seed allocation panel sub-committee.

7.

Application for consideration as a seed grower.

8.

Registration of seed growers.

9.

Registration of seed merchant.

10.

Seed certification.

11.

Seed inspection.

12.

Seed processing.

13.

Seed sampling.

14.

Seed testing.

15.

Packing, labelling and sealing.

16.

Validity certification and quality declaration.

17.

Seed sale.

18.

Seed sellers.

19.

Post control plots.

20.

Seed importation and exportation.

21.

Appeals.

22.

Offences and penalties.

23.

Protection from liability in certain cases.

SCHEDULES

FIRST SCHEDULE

PRESCRIBED SEEDS

SECOND SCHEDULE

SEED UNDER COMPULSORY CERTIFICATION

THIRD SCHEDULE

SEED CLASSES

FOURTH SCHEDULE

FIELD AND LABORATORY STANDARDS

FIFTH SCHEDULE

FIELD INSPECTION FEES (KSh.)

SIXTH SCHEDULE

SEEDS AND PLANT VARIETIES (SEEDS) REGULATIONS, 1991
[Section 3, L.N. 287/1991, L.N. 464/1991, L.N. 151/1998, L.N. 57/1999, L.N. 49/2009.]

REGULATIONS UNDER SECTION 3

1.
Citation

These Regulations may be cited as the Seeds and Plant Varieties (Seeds) Regulations.

2.
Interpretation

In these Regulations, unless the context otherwise requires—

“authorized officer” means a public officer appointed by the Minister under section 2 of the Act;

“basic seed” means a mixture of two or more seed lots of the same cultivar of different origin into one composite bulk;

“breeder’s seed” means seed which has been produced by a person or institution responsible for the maintenance of the cultivar;

“certified seed” means progeny of basic seed or certified seed of higher classes;

“cultivar” means a subdivision of any seed species which can be distinguished from other subdivisions of that species by means of growth, plant type, flower or other physiological characteristics;

“compulsory certification” means mandatory certification for those cultivars that have been tested in National Performance Trial, officially released and indexed;

“Director” means the director of the National Seed Quality Control Service;

“dressing” means a stage of seed processing where application of chemical substances on the surfaces of seeds is done for the purposes of controlling pests or diseases;

“field inspection” means an examination of a crop seed field including checking for effective isolation distance, hectarage of the seed field, off-types, foreign cultivar and diseased plants as part of the seed certification programme;

“germinated seeds” means lots in respect of which in the course of germination tests have produced seedlings with normal growth characteristics of the shoot and root systems;

“Government certified seed” means seed in respect of which a certificate has been issued in accordance with these Regulations;

“Government tested seeds” means seed lots tested in accordance with these Regulations;

“isolation” means the required distance or time between two crops of the same species or between two crops of too closely related species to prevent contamination either mechanically or by pollination;

“labelling” means the process of affixing a tag or identification mark so as to ensure correct identification of any container of seed;

“licensed seed seller” means any person or institution licensed to sell Government tested and certified seeds only;

“noxious weeds” means a plant declared to be a noxious weed under section 3 of the Suppression of Noxious Weeds Act (Cap. 325);

“off-type plant” means a plant which does not exhibit the recognized and prescribed growth habits and characteristics of the cultivar being grown;

“official seed sample” means a seed sample taken in accordance with these Regulations;

“official seed tester” means an officer designated to be an official seed tester by the authorized officer;

“parental material” means the propagating material from which the breeder’s seed is raised;

“post control” means the growing of plants from seed lots which have been certified to further determine and confirm cultivar purity and freedom from disease infection;

“pre-basic” means progeny of breeder’s seed;

“private sample” means any sample submitted to the seed testing laboratory other than the official sample;

“pure germinating seed” means the proportion of pure seed in a seed lot capable of germinating into normal seedlings under optimal germination conditions;

“purity” means the percentage by weight of pure seeds as determined by purity analysis in the seed laboratory;

“records” means any records required to be kept under these Regulations;

“registered seed grower” means a person or institution officially recognized by the authorized officer and the seed allocation panel as suitable to grow seed crops;

“registered seed merchant” means a person or firm or institution officially recognized by the Seed Committee as suitable to produce, process or sell seed;

“sealing” means the stage in processing whereby a seed container is sealed to prevent any tampering;

“seed” means that part of the crop species which is used for propagation either as a seed in botanical sense which is developed from a fertilised ovule, or a seedling, or some other parts such as a corm, cutting, bulb, root scion, set, split, tuber or stem, which is not a seed in a botanical sense and which is used for vegetative propagation;

“seed analyst” means a suitably qualified person on the staff of an official testing station;

“seed class” means a stage in a seed multiplication system well defined in respect of parental seed standards of cultivation and seed quality;

“seed crop” means a crop that is grown for the specific purpose of producing seed;

“seed health” means the degree of freedom from seed borne diseases and pests;

“seed industry” means the entire chain linked stages that start with breeding and crop improvement through seed multiplication, processing, certification and ends with seed distribution;

“seed inspector” means a suitably qualified person on the staff of the official inspection station;

“seed lot” means a specified quantity of seed which measures to prescribed maximum weight and which is represented by one sample in laboratory seed testing or in post control plots, and is homogeneous and physically identifiable by a unique reference number;

“seed processing” means all those treatments that the seed is subjected to other than testing, between harvesting and sale;

“seed production” means all the operations leading up to and including final harvesting of the seed from the seed crop field;

“seed quality” means seed lots that have met the minimum standards and hence are of high cultivar purity, high genetic and physical purity, are free from noxious weeds, seed borne diseases and pests and have germination capacity;

“seed testing” means the examination of a sample of seed with a view to determining its quality for the purpose of producing a specific commercial crop;

“seed testing laboratory” means a laboratory for the testing of seed declared by notice in the Gazette to be a seed testing laboratory in accordance with the provisions of the Act;

“standard” means the level of quality achieved during field inspection or a laboratory test as defined in these Regulations;

“standard seed” means seed that is marketed after standards have been relaxed on account of emergency or disaster so that such seed is subjected only to laboratory tests and post control observation;

“storage” means a stage of seed processing in which seed is maintained in a condition such that minimum deterioration of seed lots occur;

“technical grounds” means grounds for appeal in cases of rejection in hybrid seed production where an inspector did not consider all the factors of the seed crop prior to rejecting the crop;

“test report” means a seed testing laboratory report made on a private sample and on official seed sample;

“tested seed” means a sample of an official seed lot in respect of which these are valid laboratory test certificates;

“Tribunal” means the Seeds and Plants Tribunal established under section 28 of the Act;

“weed” means any plant of type or species different from a crop species growing in or near a registered seed crop so as to constitute a threat to the registered seed crop or the seed produced from it.

3.
Prescribed seeds

The seeds of the plant species set out in the First Schedule shall be the prescribed seeds for the purposes of the Act.

4.
Seed testing and certification station

The National Seed Quality Control Service established under section 11 of the Act shall be the official seed testing and certification station.

[L.N. 151/1998, s. 2.]

5.
Seed Regulation Committee
(1)

There shall be a committee to be known as the Seed Regulation Committee, which shall consist of—

(a)

the Director of Agriculture, who shall be the chairman;

(b)

the Director, Kenya Agricultural Research Institute;

(c)

the Managing Director, Agricultural Development Corporation;

(d)

the Managing Director, Horticultural Crop Development Authority;

(e)

the Director, Kenya Forestry Research Institute;

(f)

the Director, National Seed Quality Control Service who shall be the Secretary;

(g)

the General Manager of the Kenya Farmers’ Association; and

(h)

the Chief Executive, Kenya National Farmers’ Union.

(2)

The Committee may co-opt such number of members not exceeding three to represent such interests as it may from time to time determine.

(3)

The functions of the Committee shall be—

(a)

to develop seed policy;

(b)

to modify or alter certification standards;

(c)

to make recommendations for the registration or deregistration of seed merchants;

(d)

to moderate cases of appeal by aggrieved persons; and

(e)

to renew and recommend appropriate seed certification fees.

(4)

The Committee shall meet at least once in a year to review seed regulations and to make recommendations as may from time to time be appropriate to the Minister.

[L.N. 151/1998, s. 2.]

6.
Seed allocation panel sub-committee
(1)

There shall be a sub-committee of the Seeds Regulations Committee to be known as the Seed Growers Allocation Panel which shall consist of—

(a)

the Provincial Director of Agriculture who shall be the chairman;

(b)

the director of the Commodity Research Centre for the seed crops under deliberation;

(c)

the Director, National Seed Quality Control Service who shall be the secretary;

(d)

the Managing Director, Agricultural Development Corporation; and

(e)

the Managing Director, Horticultural Crops Development Authority.

(2)

The Panel may co-opt such number of members not exceeding three to represent such interests as it may from time to time determine.

(3)

The Panel shall meet at least once a year to select eligible applicants for growing seed crops for compulsory certification.

[L.N. 151/1998, s. 2.]

7.
Application for consideration as a seed grower
(1)

Any person, grower, institution or seed merchant wishing to be considered as a seed grower shall apply in writing to the secretary of the Seed Growers Allocation Panel.

(2)

Each application shall be accompanied by the appropriate fee prescribed in the Fifth Schedule and shall be in respect of the growing of one crop only.

(3)

The Panel shall not approve any application in respect of land in which during the preceeding season, other cultivars of the crop or closely related crops have been grown.

8.
Registration of seed growers
(1)

Successful applicants under regulation 7 shall be eligible for registration as seed growers on completing Form SR 1 in the Sixth Schedule and payment of the fee prescribed in the Fifth Schedule.

(2)

Upon registration, the Director shall issue the applicant with a certificate of registration in Form SR 2 in the Sixth Schedule, and by virtue of such registration, the owner of the registered crop shall be the registered seed merchant but with respect only to the seed of the registered crop.

(3)

The Director shall keep a record of all registered seed growers.

(4)

Every registered seed grower shall plant the appropriate parent seed for production of his registered seed class and shall keep a record of such parentage including certificates, labels and invoices as the Director may direct.

(5)

A registered crop shall not exceed the approved hectarage by more than ten per cent of the total area.

(6)

Save where the Director otherwise directs only one or two cultivars of the same species shall be permitted on any farm or field.

9.
Registration of seed merchant
(1)

Every person who by way of trade or business produces, purchases, or otherwise acquires, sells, exposes, keeps, stores or advertises for sale any seeds purported to be government tested and certified shall apply to the secretary, Seed Regulation Committee for registration as a seed merchant in Form SR3.

(2)

Every application under subregulation (1) shall be in Form SR 3 in the Sixth Schedule and shall be accompanied by the appropriate fee prescribed in the Fifth Schedule.

(3)

The Seed Regulation Committee shall approve for registration, applicants who meet the following conditions—

(a)

seventy-five per cent of their business is either in processing, production or marketing;

(b)

they have adequate trained and competent personnel knowledgeable in seed related matters and conversant with Kenya’s seed industry;

(c)

they have established an extensive and comprehensive seed distribution channel of registered agents, sub-agents and stockists;

(d)

they have installed all equipment necessary for seed processing and storage.

(4)

Candidates whose applications are approved under paragraph (3) shall be entered into the register of seed merchants to be kept by the Director and shall be issued with a certificate of registration in Form SR 4 in the Sixth Schedule.

(5)

The certificate issued under paragraph (4) shall specify such conditions as may be necessary with respect to the production, processing or marketing of the seed.

(6)

Every registered seed merchant shall—

(a)

record such particulars of each seed lot Government tested and certified seed produced, purchased, sold or otherwise dealt with by him as may from time to time be prescribed;

(b)

keep such records in safe custody for a period of three years from the date of the transaction to which the records relate;

(c)

produce such records to any inspector for inspection whenever required during normal working hours;

(d)

be obliged to call an inspector to re-sample seed lots whose validity of certification has expired for further re-testing, re-labelling and re-sealing.

(7)

Any person who contravenes the provisions of paragraphs (1) and (6) shall be guilty of an offence.

[L.N. 151/1998, s. 2.]

10.
Seed certification
(1)

Only cultivars officially released by the Minister and advanced breeder’s lines which have potential for release shall be eligible for certification.

(2)

Seeds shall be certified in eight classes as set out in the Third Schedule.

(3)

Any seed crop which contains noxious weeds or seed-borne diseases that are difficult to eradicate shall not be eligible for certification.

(4)

No seed shall be certified unless it has been produced, inspected, sampled, tested, and it complies with the standards set out in the Fourth Schedule.

(5)

Breeders shall maintain the standards of pre-basic and classes of the cultivars approved for certification under paragraph (1).

(6)

In cases of natural disasters such as floods, drought or outbreaks of disease, the seed classes and prescribed standards shall be waived by the Minister and the resultant seed shall be classified as standard seed.

11.
Seed inspection
(1)

The seed grower or his agent shall, one month after a seed crop is planted, apply for a field inspection by completing Form SR 5 in the Sixth Schedule and payment of the fee prescribed in the Fifth Schedule.

(2)

A field inspection for the purposes of certification shall be conducted by Government seed inspectors and shall be confined to registered seed growers’ fields and the fields of advanced breeder’s lines which have potential for the release as cultivars.

(3)

A seed inspector shall have the power of entry into any field registered for field inspection.

(4)

A seed inspector conducting a field inspection shall not certify any crop if he is satisfied that it does not meet the standards specified in the Fourth Schedule.

(5)

The results of each field inspection shall be issued in Form SR 6 in the Sixth Schedule.

(6)

Upon completion of a field inspection, any seed crop that meets the prescribed standards shall be accorded its appropriate class.

(7)

Upon completion of the final field inspection, a final inspection report shall be filed in Form SR 6A in the Sixth Schedule.

(8)

Where a registered grower or his agent disagrees with the results of any field inspection, he may appeal within two days to the Director, for re-inspection.

(9)

A re-inspection shall be carried out by a team comprising—

(i) one senior seed inspector;
(ii) one breeder;
(iii) a representative of the aggrieved seed grower; and
(iv) a representative of the seed merchants; and

where upon a re-inspection a field is approved, the aggrieved grower shall not pay re-inspection fee.

(10)

In hybrid seed production, no appeal shall be lodged on grounds of selfing save on technical grounds only.

(11)

Upon harvesting, the seed inspector shall supervise transportation by issuing a transport order in Form SR 7 in the Sixth Schedule after the seed containers have been clearly marked with indelible ink.

12.
Seed processing
(1)

Only registered seed merchants shall process seed and the names of the registered seed merchants, their agents and stockists may be published in the Gazette.

(2)

Registered merchants shall be allowed to have for processing only seed from fields that have been approved, or seed permitted to be imported into Kenya in bulk.

(3)

Every seed merchant shall notify the Director before processing any seed lots; and upon such notification, the Director, or his agent shall issue a work order to the merchant in Form SR 8 in the Sixth Schedule.

(4)

The Director or his agents may enter and inspect the premises of any merchant processing seed.

(5)

During processing, the seed inspectors shall perform machine inspection and lot examination, and order reprocessing where processing is ineffective.

(6)

Processed seed shall be properly marked and stored separately in identifiable lots.

(7)

The merchant shall pay the appropriate lot examination fees as prescribed in the Fifth Schedule.

[L.N. 151/1998, s. 2.]

13.
Seed sampling
(1)

All seed delivered in lorries to seed driers shall be sampled.

(2)

All processed lots shall be sampled and the sample shall be provided free of charge for purposes of laboratory seed testing and post control planting and examination.

(3)

All the samples shall bear a unique seed lot reference number.

(4)

Lots shall be created at the time of sampling and shall not exceed the maximum weights prescribed in these Regulations.

(5)

Where automatic samplers have not been installed, the seed merchant shall arrange the packages in such a way as to enable the seed inspector to reach all packages and draw samples.

(6)

The sampling of seed lots shall be conducted in accordance with the current International Seed Testing Association procedure.

(7)

Crops from different fields of the same origin, species and cultivar which have passed field inspection may be blended and bulked to constitute one seed lot.

(8)

The seed merchant shall provide reliable scales for ascertaining the weight of a seed lot.

(9)

The seed merchant shall pay the appropriate fees for seed sampling prescribed in the Fifth Schedule.

14.
Seed testing
(1)

Seed testing for the purposes of certification shall be conducted by an official seed tester and seed analyst in accordance with section 12 of the Act.

(2)

The samples to be tested in the seed laboratory shall be official samples drawn by a seed inspector and submitted to an official seed tester together with Form SR 9 in the Sixth Schedule, or private samples submitted by farmers or private individuals to the seed testing laboratory.

(3)

The official seed tester shall—

(a)

test seeds in accordance with the International Seed Testing Association procedure for seed testing upon payment of the appropriate fee prescribed in the Fifth Schedule by the merchant or private individual submitting the seed for testing;

(b)

record the results of the seed test on a certificate in Form SR 10A in the Sixth Schedule in the case of official samples or Form SR 10B in the Schedule in the case of private samples;

(c)

state whether the tested seeds have met the minimum standards of germination capacity, purity and health as set out in the Fourth Schedule and whether they are marketable;

(d)

furnish the results of the seed testing to the seed merchant in a test certificate or to the private individual as a test report;

(e)

furnish a special report where the lot has been tested for unique seed health; and

(f)

store the sample under optimal storage conditions for at least twelve months from the date the test results certificate is issued.

15.
Packing, labelling and sealing
(1)

Seed lots shall not be labelled or sealed before the official seed tester has released a test result certificate, save in cases of early movement of seed.

(2)

In case of early movement of seed, the seed merchant shall—

(a)

prove that the seed lots passed all other tests;

(b)

provide the purchaser with a written statement indicating that the seed lots is being marketed prior to the release of official seed testing results;

(c)

upon receipt of an order to stop sale in Form SR 11 in the Sixth Schedule, withdraw all seed lots that have not reached the prescribed minimum standards of germination capacity.

(3)

Certified seed lots which have met the prescribed minimum standards shall be packed in bags or containers, securely closed, sealed by a seed inspector and labelled with a certification label whose serial number shall be entered into the work order used in processing the seed.

(4)

The certificate label referred to in paragraph (3) shall specify the—

(a)

seed class;

(b)

species and cultivar of seed;

(c)

lot number;

(d)

date of sealing;

(e)

weight of the packet, bag or container;

(f)

warning text in cases where the seed is dressed; and

(g)

the approximate date of expiry or period of validity of declaration.

(5)

The seed merchant shall pay the appropriate fee for labelling and sealing prescribed in the Fifth Schedule.

(6)

No person, other than the ultimate user, shall remove labels, seals or open mechanically sewn or closed packets of seed.

(7)

Labelling and sealing shall not be conducted for seed packets of less than ten kilograms in weight provided—

(a)

that the seed is drawn from sealed containers;

(b)

packets or containers are sealed or closed;

(c)

the phrase “Government certified” is printed on the packet or container;

(d)

the lot number, date of sampling, cultivar name and species name is printed on the packet or container;

(e)

warning text, in cases where the seed lot is dressed in printed on the packet or container.

(8)

Where certified seed lots are returned for re-packing, the re-packing shall be done only with the approval of the Director and under the supervision of a seed inspector.

(9)

Any merchant who sells seed whose quality has been declared under these Regulations and whose weight is less than ten kilograms shall label each package of seed being offered for sale and such label shall state the species, cultivar, seed lot number, date of sampling, weight of the package and period of validity of the declaration.

(10)

In cases of natural disasters as provided for under regulation 10(6), the merchant shall print the expression “Standard Seed” on all seed packets or containers.

(11)

Any person who contravenes the provisions of paragraphs (2), (5) and (8) of this Regulation shall be guilty of an offence.

16.
Validity certification and quality declaration
(1)

Unless earlier revoked—

(a)

the validity of certification for cereals, pulses, oil crops and fibre crops shall be twelve months from the date of sampling; and

(b)

the validity of certification for herbage grass, legumes, root crops, vegetables and stimulant crops shall be six months from the date of sampling.

(2)

Unless earlier revoked, the declaration of quality for all kinds of species of seed shall be valid for twelve months from the date of sampling.

(3)

It shall be the responsibility of the seed merchant or agent to call inspectors for re-sampling, re-testing and re-sealing of seed lots whose validity of certification has expired.

(4)

Any merchant who contravenes the provisions of this regulation shall be guilty of an offence.

17.
Seed sale
(1)

No seed shall be offered for sale unless it has been certified or it has had its quality declared under regulation 16.

(2)

No species of seed specified in the Second Schedule shall be offered for sale unless it has been certified.

(3)

The merchant shall, pursuant to the provisions of regulation 16(1), be responsible for the quality of any seed he sells of offers for sale.

18.
Seed sellers
(1)

Every seed merchant shall appoint an agent, a sub-agent and stockists with knowledge, ability and appropriate facilities to maintain the quality and viability of the seed offered for sale.

(2)

The agent, sub-agent or stockists appointed under paragraph (1) shall apply to the Director for a seed seller’s licence by completing Form SR 12 in the Sixth Schedule.

(3)

The Director shall, upon receipt of an application under paragraph (2), and on payment of the fee prescribed in the Fifth Schedule issue a seed seller’s licence in Form SR 13 in the Sixth Schedule.

(4)

There shall be attached to the licence issued under this regulation conditions relating to the maintenance of seed to be exposed for sale, and such licence shall be valid for twelve months from the date of issue:

Provided that the Director may vary the duration of validity as he may deem necessary, and shall withdraw such licence where the attached conditions are breached.

(5)

No person shall sell seed unless he holds a valid licence issued under this regulation.

(6)

The Director or his representative may enter and inspect any premises where seed is stored for sale.

(7)

The Director shall maintain a register of all seed sellers licensed under this regulation.

(8)

A seed inspector or seed analyst shall, on annual basis, conduct sampling and re-testing of all seed stored for sale by licensed sellers and shall issue an order to stop sale in respect of seed lots whose germination capacities are below the minimum prescribed standards.

(9)

Where an order to stop sale under paragraph (8) is issued, the merchant shall retrieve the affected seed lots from all agents, sub-agents and stockists and shall destroy all such seed.

19.
Post control plots
(1)

Seed lots officially sampled and tested under these Regulations shall be grown in post control plots in accordance with the Organization for Economic Co-operation and Development Scheme for cultivar purity standards; and such plots shall be open to examination and assessment by all parties interested in the seed industry.

(2)

Upon completion of the examination and assessment of post control plots, the Director, an officer authorized by him or his agent shall write a report on the number of off-types, foreign cultivars, diseased plants and other diversions observed in the plots, and shall attempt to determine the sources of the diversions and possible remedies to eradicate such diversions in subsequent seasons.

20.
Seed importation and exportation
(1)

No person shall import seed for sale unless—

(a)

he is a registered seed merchant;

(b)

such seed complies with the minimum standards set out in the Fourth Schedule, and has been tested for adaptability in Kenya and found to be a variety the agro-ecological value of which may surpass, in one or more characteristics, that of existing varieties according to results obtained from official tests, and to have performed well in a manner similar agro-ecological zone;

(c)

he has submitted a notice of intention to import such seed in Form SR 14 in the Sixth Schedule, and has, with the approval of the authorised officer, been issued with a seed import permit in Form SR 15 in the Schedule.

(2)

The notice under subparagraph (1)(c) shall specify the quantity, the species and the cultivar of the intended import.

(3)

Any seed imported under this Regulation shall not be sold unless its quality has been examined, tested and post controlled, and the importer has given a unique seed lot number to the consignment.

(4)

The marketing of imported seed shall be subject to the provisions of regulation 16 of these Regulations.

(5)

All imported seed shall be accompanied by a phytosanitary certificate and an international orange certificate of the International Seed Testing Association, and shall meet Kenyan quarantine requirements as set out in the Plant Protection Act (Cap. 324).

(6)

The Director may regulate the certification of imported seed lots in accordance with the certification scheme in Kenya, or restrict the importation of any species and cultivar of seeds.

(7)

Where there is surplus seed the authorized officer shall, on written application addressed to him, issue an export permit.

(8)

All seed for export shall meet the minimum standards set out in the Fourth Schedule.

[L.N. 57/1999, s. 2.]

21.
Appeals
(1)

Any person aggrieved by the decision of an inspector or the Director may appeal to the Seed Regulation Committee.

(2)

Any person aggrieved by a decision of the Seed Regulation Committee may appeal to the Seeds Tribunal.

22.
Offences and penalties
(1)

Any person who—

(a)

with intent to defraud, gives false information to a seed inspector or a seed analyst; or

(b)

wilfully obstructs or interferes with or fails to comply with any lawful order given by any inspector in execution of his powers or duties under these Regulations; or

(c)

produces or displays any certificate required to be produced or displayed under these Regulations which is false in any material particular; or

(d)

sells or exposes for sale any seed which does not correspond with the description in any certificate required to be produced or displayed under these Regulations; or

(e)

contravenes any of the requirements of these Regulations,

shall be guilty of an offence.

(2)

Any person found guilty of any offence under these Regulations shall be liable to a fine not exceeding six thousand shillings or to imprisonment for a term not exceeding six months or to both.

23.
Protection from liability in certain cases
(1)

No legal proceedings shall lie against any officer for anything done bona fide and without negligence, in the exercise of their powers, or the performance of their functions or duties under these Regulations.

(2)

For the purposes of this Regulation, the term “officer” includes any employee of the Kenya Government.

FIRST SCHEDULE

[Rule 3, L.N. 151/1998, s. 2.]

PRESCRIBED SEEDS

SECOND SCHEDULE

[Rule 10.]

SEED UNDER COMPULSORY CERTIFICATION

THIRD SCHEDULE

[Rule 9(2), s. 2.]

SEED CLASSES

FOURTH SCHEDULE

[Rule 11(4), L.N. 151/1998.]

FIELD AND LABORATORY STANDARDS
A.—Field Standards

ADDITIONAL FIELD STANDARDS

1.

The seed inspector may reject a crop should it be excessively weedy or severely lodged.

2.

Inspection shall be done for the following diseases.

3.

Inspection shall be done for the following weeds:

4.

Hybrid seed production

(1)

Maize:

Detasselling of female plants shall be inspected at least 3 times during tasselling period—

(i) if 1% or more of the female plants posses receptive silks and more than 1 per 100 of them are shedding pollen at any one inspection, visit or more than 2 per 100 cumulatively during 3 days of inspection (3 inspection visits) then the crop shall be rejected;
(ii)
(a)

the female plants shedding pollen in the rejected field exceeds either 2 per 100 on any one inspection or 4 per 100 on a combination of 3 visits;

(b)

the failed crop shall have more than 2 per 1,000 off-type plants in its pollen parent;

(c)

the rejected neighbouring crop has more than 4 smutted plants per hectare;

(iii) the neighbouring seed crop adjacent to a rejected crop shall not be rejected if isolation is in accordance with these Regulations;
(iv) all seed fields shall have eight guard rows round the seed field.
(2)

Sunflower:

When 2% (basic and above) and 5% (certified) of the female plants have pollen receptive flowers, there should not be more than the number of off-type plants stated in the schedule and also not more than 5 plants per 1,000 female pollen shedders (basic and above) or 10 plants per 1,000 female pollen shedders (certified).

B.—Processing Standards[Rule 12(5).]

FOURTH SCHEDULE- continued

C.—Laboratory Standards[Rule 14(3)(c).]
1.

Quality requirements with respect to analysis figures concerning purity, germination capacity, other crop seed, weed seed and moisture content.

FIFTH SCHEDULE

[Rule 11(1), L.N. 151/1998, s. 2, L.N. 49/2009, s. 2.]

PART A – FIELD INSPECTION FEES (KSh.)

PART B – SAMPLING AND SEALING FEES IN (KSh) [Rule 13(9).]

PART C – LABORATORY SEED TESTING FEES (KSh.) PER SAMPLE [Rule 14(3)(a).]

PART D – SAMPLING AND PRE-CONTROLLING OF IMPORTED SEEDS FEES (KSh.) [Rule 20.]

MILEAGE

All inspections to include mileage charges at KSh. 35 per km.

PART E – REGISTRATION FEES (KSh.) [Rule 7(2), Rule 9(2), Rule 8(1), Rule 18(3).]

SIXTH SCHEDULE

SEEDS AND PLANT VARIETIES (PLANT BREEDER’S RIGHTS) REGULATIONS, 1994

ARRANGEMENT OF REGULATIONS

1.

Citation.

2.

Interpretation.

3.

The Plant Breeder’s Rights Committee.

4.

Functions of the Committee.

5.

Meetings of the Committee.

6.

Application for a grant.

7.

Forfeiture of right to grant.

8.

Certificate of grant.

9.

Application for extension of the period of grant.

10.

Application for compulsory licence.

11.

Application for protective direction.

12.

Withdrawal of protective direction.

13.

Application for surrender of grant.

14.

Provision of information or evidence in support of application.

15.

Refusal of repeated applications.

16.

Notification of applications.

17.

Application for opportunity to make representations.

18.

Hearing of representations.

19.

Appeals to the Tribunal.

20.

Cancellation of grant.

21.

Proposal of name for plant variety.

22.

Register of plant varieties.

23.

Botanical description and test results of variety.

24.

Inspection of register and documents.

25.

Address of grantee or applicant.

26.

Extension of period for compliance.

27.

Amendment of register records.

28.

Translation of documents.

29.

Fees.

30.

Enforcement of regulation 29.

SCHEDULE

SEEDS AND PLANT VARIETIES (PLANT BREEDER’S RIGHTS) REGULATIONS, 1994
[Sections 21, 24, 28(2), L.N. 482/1994, L.N. 150/1998.]
1.
Citation

These Regulations may be cited as the Seeds and Plant Varieties (Plant Breeder’s Rights) Regulations, 1994.

2.
Interpretation

In these Regulations, unless the context otherwise requires—

“breeder” means a person who discovers or breeds a new plant variety and includes his successor in title;

“Committee” means the Plant Breeder’s Rights Committee established by regulation 3;

“grant” means a grant of plant breeder’s rights;

“grantee” means the holder of a grant, and in relation to a protected variety means the holder of a grant in respect of that variety;

“licensee” means a person licensed to exercise plant breeder’s rights;

“plant” means a plant in the plant kingdom and includes flowering and non-flowering plant species;

“prescribed fee” means the fee prescribed by regulation 29;

“protective direction” means a direction by the authorized officer under the Third Schedule to the Act;

“reproductive material” means the reproductive part of a plant and includes seeds and other vegetative propagating material such as a whole plant or parts thereof;

“the Kenya Plant Health Inspectorate Service” means the Kenya Plant Health Inspectorate Service established under paragraph 3 of the Kenya Plant Health Inspectorate Service Order (L.N. 305/1996).
[L.N. 150/1998, s. 2.]

3.
The Plant Breeder’s Rights Committee
(1)

There shall be a Committee to be known as the Plant Breeder’s Rights Committee, which shall consist of—

(a)

the Director of Agriculture, who shall be the chairman;

(b)

the Director, Kenya Agriculture Research Institute;

(c)

the Director, Kenya Industrial Property Office;

(d)

the Managing Director Horticultural Crops Development Authority;

(e)

the Director, Kenya Forestry Research Institute;

(f)

the Director, National Seed Quality Control Service;

(g)

one representative of seed merchants; and

(h)

one representative of Plant Breeders Association of Kenya.

(2)

The Committee may co-opt a number of members not exceeding three to represent such interests as it may from time to time determine.

[L.N. 150/1998, s. 2.]

4.

The functions of the Committee shall be—

(a)

to develop plant breeder’s rights policy;

(b)

with the approval of the Minister, to review plant breeder’s rights regulations and standards as may from time to time be required;

(c)

to make recommendations on the registration of grantees;

(d)

to moderate cases of appeal by aggrieved persons;

(e)

to review and recommend appropriate plant breeder’s rights;

(f)

to perform such other duties as may from time to time be assigned by the Minister.

5.
Meetings of Committee

Subject to the directions of the Minister, the Committee shall meet at least once in every year.

6.
Application for a grant
(1)

An application for a grant shall be in Form I in the Schedule and shall be accompanied by the prescribed fee.

(2)

Where the application is by a successor in title to the breeder, it shall be accompanied by—

(a)

the original or a certified copy of the deed of assignment; or

(b)

the original or a certified copy of the certificate of grant of letters of administration; or

(c)

such documentary evidence as is in the opinion of the authorized officer sufficient to establish the title of the application.

(3)

A person who—

(a)

has a substantial interest in the plant variety in respect of which the application is made; or

(b)

is in a position to adduce evidence which is likely to be material to the consideration of the application,

may on application to the authorized officer, be afforded an opportunity of making representations concerning the application.

7.
Forfeiture of right to grant
(1)

A person entitled to a grant by virtue of paragraph 9 of the Fourth Schedule to the Act may forfeit such right if, on being served with notice by the authorized officer, he fails to make a valid application under regulation 4 within the period specified in the notice.

(2)

A notice under paragraph (1) shall be for such period not exceeding thirty days, as the authorized officer may specify.

(3)

A person aggrieved by an act or omission of the authorized officer under this regulation may appeal to the Tribunal within fourteen days.

8.
Certificate of grant

A certificate of a grant shall be in Form II in the Schedule and shall be issued on payment of the prescribed fee.

9.
Application for extension of the period of grant
(1)

An application for extension of the period of a grant under section 19(5) of the Act shall be in Form III in the Schedule and shall be accompanied by the prescribed fee.

(2)

Subject to paragraph (3), an application under this Regulation shall be made not more than eighteen but not less than nine months before the date of expiry of the grant.

(3)

The authorized officer may accept a late application under this Regulation if satisfied that the applicant’s failure to lodge it within the prescribed period was due to circumstances beyond his control:

Provided the application is lodged at least three months before the date of expiry of the grant.

(4)

A person who—

(a)

is licensed to exercise any rights in the plant variety to which the application relates, or who otherwise has a substantial interest in the variety; or

(b)

is in a position to produce evidence which is likely to be material to the consideration of the application and any person or organization representing such licensee or person so interested,

may on application to the authorized officer, be afforded an opportunity to make representations concerning the application.

10.
Application for compulsory licence
(1)

An application for a compulsory licence shall be in Form IV in the Schedule and shall be accompanied by the prescribed fee.

(2)

In addition to a person or organization entitled to make representations by virtue of section 23(7) of the Act, a person licensed to exercise any right in the plant variety to which the application relates may apply to the Minister for an opportunity to make representations concerning the application.

(3)

An application for the revocation, extension, limitation or other variation of the terms of a compulsory license shall be in writing addressed to the authorized officer.

11.
Application for protective direction
(1)

An application for a protective direction shall be in Form V in the Schedule and shall be accompanied by the prescribed fee.

(2)

A certificate of a protective direction shall be in Form VI in the Schedule, and shall be issued on payment of the prescribed fee.

12.
Withdrawal of protective direction
(1)

If it is intended to withdraw a protective direction otherwise than on the request of the holder, the authorized officer shall give the holder thirty days’ notice of the intention.

(2)

A notice under paragraph (1) shall be in writing setting out the reasons for the intended withdrawal.

13.
Application for surrender of grant
(1)

An application for the surrender of a grant shall be in Form VII in the Schedule and shall be accompanied by the prescribed fee.

(2)

A licensee of any right in the plant variety to which the application relates or a person who otherwise has a substantial interest in the variety may, on application to the authorized officer, be afforded an opportunity to make representations concerning the application.

14.
Provision of information or evidence in support of application
(1)

A person making an application under these Regulations shall provide the authorized officer with such information or evidence in support of the application as the authorized officer may require.

(2)

In the case of an application for a grant, the applicant shall deliver to the authorized officer, or avail to him for examination, the reproductive or other plant material of the plant variety to which the application relates.

(3)

In the case of any other application, the applicant shall deliver to the authorized officer the reproductive or other plant material as the authorized officer may require.

(4)

The reproductive or other plant material delivered or availed by the applicant for examination by the authorized officer under this Regulation shall be of such quality and description as authorized officer shall specify.

(5)

If in the course of examination of any plant material delivered or availed to the authorized officer under this Regulation any part thereof is lost or damaged, or is found to be unhealthy or otherwise unsuitable, the authorized officer may require the applicant to supply a further quantity of the plant material.

(6)

The applicant shall at all reasonable times avail to the authorized officer such facilities as may be necessary for the inspection of plants, plant material trial grounds or other premises to which the application relates.

(7)

The authorized officer may require an applicant to undertake trials or tests in connection with the plant variety to which his application relates, at such times and in such manner as the authorized officer may determine.

15.
Refusal of repeated application
(1)

If an application under regulation 9, 10 or 13 is made within 12 months of a decision by the minister or the authorized officer on the same matter, the Minister or the authorized officer may, if in his opinion the application lacks merit, refuse it.

(2)

Before refusing an application under paragraph (1), the Minister or the authorized officer shall afford the applicant an opportunity to make representations thereon.

16.
Notification of applications
(1)

The Minister shall notify every application under regulations 6, 9, 10 and 13 in the Gazette.

(2)

A notice under paragraph (1) shall specify—

(a)

the categories of the persons entitled to make representations concerning the application under the Act or these Regulations;

(b)

the period within which an application for an opportunity to make representations may be made; and

(c)

any matters on which the Minister or the authorized officer should be satisfied by a person or organization applying for an opportunity to make representations.

17.
Application for opportunity to make representations
(1)

A person or organization entitled by virtue of the provisions of the Act or these Regulations to make representations concerning any matter may apply in the prescribed form, to the Minister or the authorized officer, for an opportunity to make representations.

(2)

An application under paragraph (1) shall be—

(a)

in Form VIII in the Schedule;

(b)

accompanied by the prescribed fee; and

(c)

lodged within the period specified in regulation 16.

(3)

The Minister or the authorized officer shall, on receipt of an application under this Regulation, afford the applicant an opportunity of making representations to him in writing, or of being heard by him or by a person deputed by the Minister for that purpose.

18.
Hearing of representations
(1)

The Minister or the authorized officer shall appoint a date and place for the hearing of representations by any applicant under regulation 17.

(2)

In appointing the date and place for hearing, the Minister or the authorized officer shall have regard to—

(a)

the convenience of the applicant and any witnesses;

(b)

the situation of any land or premises to be viewed in connection with the application; and

(c)

any other relevant circumstances.

(3)

The Minister or the authorized officer shall give the applicant not less than 30 days’ notice of the hearing.

(4)

The applicant shall, at least 14 days before the date appointed for the hearing, deliver to the authorized officer two copies of any document intended to be relied on or tendered as evidence at the hearing.

(5)

The applicant may appear in person at the hearing or be represented by a person of his own choice.

(6)

At the hearing, the applicant or his representative may—

(a)

give evidence;

(b)

call witnesses;

(c)

subject to paragraph (7), produce any document; and

(d)

cross-examine any witnesses called.

(7)

No document shall be relied on or produced in evidence under paragraph (6) unless copies thereof are delivered to the authorized officer in accordance with paragraph (4).

(8)

The Minister or the authorized officer may require any witness called at the hearing to give evidence on oath, affirmation or otherwise and may for that purpose administer oaths or affirmations.

(9)

Subject to the directions of the Minister or the authorized officer in consultation with the applicant, the hearing shall be held in public.

(10)

Before making his decision, the Minister or the authorized officer shall take into consideration any written representations made on the matter under regulation 17(3).

(11)

The Minister or the authorized officer shall give the applicant notice of his decision in writing, and shall specify therein the reasons for the decision.

(12)

An applicant aggrieved by a decision of the Minister or the authorized officer under this Regulation may appeal to the Tribunal within 14 days.

(13)

Subject to regulation 19, a decision of the Minister or the authorized officer shall take effect on such date as he directs.

19.
Appeals to the Tribunal
(1)

In appointing the time and place for hearing an appeal under section 29(1)(d), (e) or (f) of the Act, or under these Regulations, the Tribunal shall have regard to the matters specified in regulation 18(2).

(2)

Subject to paragraph (3), the operation of any decision appealed from shall be suspended pending the final determination of the appeal.

(3)

Notwithstanding any appeal, the operation of a decision to extend the duration of a grant shall not be suspended if the duration of the initial grant expires before the final determination of the appeal.

20.
Cancellation of grant
(1)

The Minister shall give the grantee 30 days’ notice of intended cancellation of a grant under section 19(7) of the Act.

(2)

A notice under paragraph (1) shall be in writing setting out the grounds for intended cancellation.

21.
Proposal of name for plant variety
(1)

The authorized officer may require an applicant for a grant to propose a name for the plant variety to which the application relates within such time as he may specify.

(2)

The authorized officer may reject a name proposed under paragraph (1) if the name—

(a)

is similar to that of a plant variety of the same class as the variety in respect of which the application is made being either—

(i) a class consisting of the plant varieties of the species or groups prescribed by a scheme under Part V of the Act; or
(ii) a class prescribed for the purposes of section 21 of the Act, or the name so nearly resembles the name of any plant variety as to be likely to deceive or cause confusion as to the identity of the variety; or
(b)

is likely to deceive or cause confusion as to the characteristics or value of the plant variety or as to the identity of the breeder; or

(c)

does not conform with international usage as regard the nomenclature of cultivated plants; or

(d)

is similar to or likely to be confused with—

(i) a registered trade mark; or
(ii) a trade name used in respect of the reproductive material of any kind; or
(iii) products of the plant variety in respect of which the application is made; or
(iv) products of a plant variety of the same class as the variety in respect of which the application is made, being a class specified under paragraph 2(a); or
(e)

is in the opinion of the authorized officer otherwise undesirable.

(3)

If the authorized officer rejects a proposed name under paragraph (2), he shall so inform the applicant specifying the grounds for the rejection, and shall require him to propose another name within such time as he may specify.

(4)

The Minister shall publish in the Gazette, or in such manner as he may deem appropriate notice of every proposed name that is not rejected by the authorized officer under paragraph (2).

(5)

A person may, within 21 days of publication of a notice under paragraph (4), object to the approval of a proposed name on any of the grounds specified in paragraph (2).

(6)

An objection under paragraph (5) shall be in writing addressed to the authorized officer.

(7)

The authorized officer shall consider any objection lodged under paragraph (5) before approving the proposed name.

(8)

The Minister shall notify in the Gazette every name approved by the authorized officer under this Regulation.

(9)

If an applicant does not comply with a request of the authorized officer to propose a name within the period specified, the authorized officer may deem the application to be abandoned.

(10)

An applicant for a grant, or a grantee may at any time propose to change the name approved under this Regulation.

(11)

Upon a proposal under paragraph (9), the procedure for proposed names prescribed by this regulation shall apply.

22.
Register of plant varieties
(1)

The authorized officer shall maintain a register of plant varieties into which he shall enter the details relating to—

(a)

a plant variety in respect of which a grant has been made; or

(b)

a plant variety in respect of which an application for a grant is under consideration,

specified in this Regulation.

(2)

As regards a plant variety in respect of which a grant has been made, the authorized officer shall enter in the register—

(a)

the name of the variety;

(b)

a description of its characteristics;

(c)

the reference number under which the variety is recorded in any reference collection of plant material maintained by the authorized officer;

(d)

the name and address of the grantee;

(e)

the date and duration of the grant;

(f)

such other particulars as are in the opinion of the authorized officer necessary.

(3)

As regards a plant variety in respect of which an application for a grant is under consideration, the authorized officer shall enter in the register—

(a)

the proposed name of the variety;

(b)

a description of the characteristics of the variety as provided by the applicant;

(c)

the date of grant of any protective direction;

(d)

the name and address of the applicant;

(e)

such other particulars as are in the opinion of the authorized officer necessary.

23.
Botanical description and test results of variety

The authorized officer shall keep a botanical description and the results of any tests or trials of a plant variety in respect of which an application for a grant is made.

24.
Inspection of register and documents

Any person may, during working hours, inspect the register and any documents lodged with or kept by the authorized officer, and may on payment of the prescribed fee, obtain a copy of the register or other document.

25.
Address of grantee or applicant
(1)

A grantee or a person making any application under these Regulations shall give to the authorized officer an address for service of any documents required to be served upon him.

(2)

A grantee or applicant who changes his name or address shall forthwith notify the authorized officer.

26.
Extension of period for compliance

The Minister or authorized officer may, on application, extend the period set for compliance with any regulation if in the circumstances he deems it reasonable to do so.

27.
Amendment of register records
(1)

If the authorized officer receives notification of change of name or address of a grantee or applicant under regulation 26, he shall amend the register accordingly.

(2)

Where—

(a)

the approved name of a variety is changed under regulation 22; or

(b)

the period of a grant expires or is extended; or

(c)

a grant is surrendered or cancelled,

the authorized officer shall amend the register accordingly.

(3)

The authorized officer shall also make such other amendments as may be necessitated by any information supplied to him.

28.
Translation of documents

Where a document required to be submitted to the Minister, or authorized officer in connection with any matter is in a language other than the English language, it shall, unless the Minister or the authorized officer otherwise directs, be accompanied by a translation thereof in the English language.

29.
Fees

The following fees shall be payable to the authorized officer for the purposes of the Act and these Regulations:

30.
Enforcement of regulation 29

The prescribed fees specified in regulation 29 shall be deemed to have come into force on 1st December, 1996.

]

SCHEDULE

SEEDS AND PLANT VARIETIES (PLANT BREEDER’S RIGHTS) (FRUIT, NUT AND TREE CROPS SCHEME) REGULATIONS, 2001

ARRANGEMENT OF REGULATIONS

1.

Citation.

2.

Interpretation.

3.

Plant varieties to which Scheme applies.

4.

Period for which rights are exercisable.

5.

Classes of plant varieties.

6.

Periods prescribed before compulsory licensing.

7.

Offences.

SCHEDULE

SEEDS AND PLANT VARIETIES (PLANT BREEDER’S RIGHTS) (FRUIT, NUT AND TREE CROPS SCHEME) REGULATIONS, 2001
[L.N. 70/2001.]
1.
Citation

These Regulations may be cited as the Seeds and Plant Varieties (Plant Breeder’s Rights) (Fruit, Nut and Tree Crops Scheme) Regulations, 2001.

2.
Interpretation

In these Regulations, unless the context otherwise requires—

“authorized officer” means the Managing Director of the Kenya Plant Health Inspectorate Service;

“plant variety” includes any clone, line, hybrid or genetic variant.

3.
Plant varieties to which Scheme applies

There is hereby made a scheme to be called the Fruit, Nut and Tree Crops Scheme, which shall apply to all plant varieties of fruit, nut and tree crops which conform with the characteristics of cultivated plant varieties of any of the genera or species specified in the first column of the Schedule hereto.

4.
Period for which rights are exercisable

The period for which plant breeder’s rights shall be exercisable in respect of any of the plant varieties referred to in regulation 3 shall be the period of the years specified in the second column of the Schedule.

5.
Classes of plant varieties

In relation to any of the varieties referred to in regulation 3, the class of plant varieties prescribed for the purposes of section 21 of the Act shall consist of all plant varieties of the genus or species specified in the third column of the Schedule.

6.
Periods prescribed before compulsory licensing

In relation to any of the plant varieties referred to in regulation 3, the period prescribed for the purposes of section 23(4) of the Act shall be the period of years specified in the fourth column of the Schedule.

7.
Offences

A person who infringes the plant breeder’s rights in the registered name of a variety of fruit, nut and tree crops covered by the Fruit, Nut and Tree Crops Scheme commits an offence and is liable to a fine of three thousand shillings or to imprisonment for a term of three months or to both.

SCHEDULE

SEEDS AND PLANT VARIETIES (PLANT BREEDER’S RIGHTS) (VEGETABLES SCHEME) REGULATIONS, 2001

ARRANGEMENT OF REGULATIONS

1.

Citation.

2.

Interpretation.

3.

Plant varieties for which plant breeder’s rights may be granted.

4.

Period for which rights are exercisable.

5.

Periods prescribed for the purposes of use of names.

6.

Periods prescribed before compulsory licensing.

7.

Offences.

SCHEDULE

SEEDS AND PLANT VARIETIES (PLANT BREEDER’S RIGHTS) (VEGETABLES SCHEME) REGULATIONS, 2001
[L.N. 71/2001.]
1.
Citation

These Regulations may be cited as the Seeds and Plant Varieties (Plant Breeder’s Rights) (Vegetables Scheme) Regulations, 2001.

2.
Interpretation

In these Regulations, unless the context otherwise requires—

“authorized officer” means the Managing Director of the Kenya Plant Health Inspectorate Service;

“plant variety” includes any clone, line, hybrid or genetic variant.

3.
Plant varieties for which plant breeder’s rights may be granted

There is hereby made a scheme to be called the Vegetables Scheme, which shall apply to all plant varieties of vegetables which conform with the characteristics of cultivated plant varieties of any of the genera or species specified in the first column of the Schedule hereto.

4.
Period for which rights are exercisable

The period for which plant breeder’s rights shall be exercisable in respect of any of the plant varieties referred to in regulation 3 shall be the period of years specified in the third column of the Schedule.

5.
Periods prescribed for the purposes of use of names

The class of plant varieties prescribed for the purposes of section 21 of the Act shall consist of all plant varieties of the genus or species specified in the third column of the Schedule.

6.
Periods prescribed before compulsory licensing

In relation to any of the plant varieties referred to in regulation 3 of this Scheme the period if any, prescribed for the purposes of section 23(4) of the Act shall be the period of years specified in the fourth column of the Schedule.

7.
Offences

A person who infringes the plant breeder’s rights in the registered name of a variety of vegetable covered by the Vegetables Scheme commits an offence and is liable to a fine of three thousand shillings or to imprisonment for a term of three months or to both.

SCHEDULE

SEEDS AND PLANT VARIETIES (PLANT BREEDER’S RIGHTS) (TREES AND WOODY CLIMBERS SCHEME) REGULATIONS, 2001

ARRANGEMENT OF REGULATIONS

1.

Citation.

2.

Interpretation.

3.

Plant varieties for which Scheme applies.

4.

Period for which rights are exercisable.

5.

Classes of plant varieties.

6.

Periods prescribed before compulsory licensing.

7.

Offences.

SCHEDULE

SEEDS AND PLANT VARIETIES (PLANT BREEDER’S RIGHTS) (TREES AND WOODY CLIMBERS SCHEME) REGULATIONS, 2001
[L.N. 72/2001.]
1.
Citation

These Regulations may be cited as the Seeds and Plant Varieties (Plant Breeder’s Rights) (Trees and Woody Climbers Scheme) Regulations, 2001.

2.
Interpretation

In these Regulations, unless the context otherwise requires—

“authorized officer” means the Managing Director of the Kenya Plant Health Inspectorate Service;

“plant variety” includes any clone, line, hybrid or genetic variant.

3.
Plant varieties for which Scheme applies

There is hereby made a scheme to be called the Trees and Woody Climbers Scheme, which shall apply to all plant varieties of trees, and woody climbers which conform with the characteristics of cultivated plant varieties of any of the genera or species specified in the first column of the Schedule hereto.

4.
Period for which rights are exercisable

The period for which plant breeder’s rights shall be exercisable in respect of any of the plant varieties referred to in regulation 3 shall be the period of the years specified in the second column of the Schedule.

5.
Classes of plant varieties

In relation to any of the varieties referred to in regulation 3, the class of plant varieties prescribed for the purposes of section 21 of the Act shall consist of all plant varieties of the genus or species specified in the third column of the Schedule.

6.
Periods prescribed before compulsory licensing

In relation to any of the plant varieties referred to in regulation 3, the period prescribed for the purposes of section 23(4) of the Act shall be the period of years specified in the fourth column of the Schedule.

7.
Offences

A person who infringes the plant breeder’s rights in the registered name of a variety of a tree or woody climber covered by the Trees and Woody Climbers Scheme commits an offence and is liable to a fine of three thousand shillings or to imprisonment for a term of three months or to both.

SCHEDULE

SEEDS AND PLANT VARIETIES (PLANT BREEDER’S RIGHTS) (ROOT AND TUBER CROPS SCHEME) REGULATIONS, 2001

ARRANGEMENT OF REGULATIONS

1.

Citation.

2.

Interpretation.

3.

Plant varieties for which plant breeder’s rights may be granted.

4.

Period for which rights are exercisable.

5.

Period prescribed before compulsory licensing.

6.

Offences.

SCHEDULE

SEEDS AND PLANT VARIETIES (PLANT BREEDER’S RIGHTS) (ROOT AND TUBER CROPS SCHEME) REGULATIONS, 2001
[L.N. 73/2001.]
1.
Citation

These Regulations may be cited as the Seeds and Plant Varieties (Plant Breeder’s Rights) (Root and Tuber Crops Scheme) Regulations, 2001.

2.
Interpretation

In these Regulations, unless the context otherwise requires—

“authorized officer” means the Managing Director of the Kenya Plant Health Inspectorate Service;

“plant variety” includes any clone, line, hybrid or genetic variant.

3.
Plant varieties for which plant breeder’s rights may be granted

There is hereby made a scheme to be called the Root and Tuber Crops Scheme, which shall apply to root and tuber crops which conform with the characteristics of cultivated varieties of any of the species specified in the first column of the Schedule hereto.

4.
Period for which rights are exercisable

The prescribed period for which plant breeder’s rights shall be exercisable in respect of the plant varieties referred to in regulation 3 shall be the period of the years specified in the second column of the Schedule.

5.
Period prescribed before compulsory licensing

For the purposes of section 23(4) of the Act, a compulsory licence granted by the authorized officer in respect of a plant variety specified in regulation 3 shall not have effect from the date of grants of rights in that variety for the period of years specified in the third column of the Schedule.

6.
Offences

A person who infringes the plant breeder’s rights in the registered name of a variety of root or tuber covered by the Root and Tuber Crops Scheme commits an offence and is liable to a fine of three thousand shillings or to imprisonment for a term of three months or to both.

SCHEDULE

SEEDS AND PLANT VARIETIES (PLANT BREEDER’S RIGHTS) (MAIZE SCHEME) REGULATIONS, 2001

ARRANGEMENT OF REGULATIONS

1.

Citation.

2.

Interpretation.

3.

Plant varieties to which the Scheme applies.

4.

Period for which rights are exercisable.

5.

Class of plant varieties.

6.

Prescribed period before compulsory licensing.

7.

Offences.

SEEDS AND PLANT VARIETIES (PLANT BREEDER’S RIGHTS) (MAIZE SCHEME) REGULATIONS, 2001
[L.N. 74/2001.]
1.
Citation

These Regulations may be cited as the Seeds and Plant Varieties (Plant Breeder’s Rights) (Maize Scheme) Regulations, 2001.

2.
Interpretation

In these Regulations, unless the context otherwise requires—

“authorized officer” means the Managing Director of the Kenya Plant Health Inspectorate Service.

3.
Plant varieties to which the Scheme applies

There is hereby made a scheme to be called the Maize Scheme, which shall apply to all varieties of maize which conform with the characteristics of cultivated varieties of the species zea mays.

4.
Period for which rights are exercisable

The period for which plant breeder’s rights shall be exercisable in respect of the plant varieties referred to in regulation 3 shall be fifteen years.

5.
Class of plant varieties

In relation to the plant varieties referred to in regulation 3, the class of plant varieties prescribed for the purposes of section 21 of the Act shall consist of all plant varieties of maize, sweetcorn and popcorn.

6.
Prescribed period before compulsory licensing

For the purposes of section 23(4) of the Act, a compulsory licence granted by the authorized officer in respect of a plant variety specified in regulation 3 shall not have effect for a period of two years after the date of grant of rights in that variety.

7.
Offences

A person who infringes the plant breeder’s rights in the registered name of a variety of maize covered by the Maize Scheme commits an offence and is liable to a fine of three thousand shillings or to imprisonment for a term of three months or to both.

SEEDS AND PLANT VARIETIES (PLANT BREEDER’S RIGHTS) (ORNAMENTAL AND HERBACEOUS PLANTS SCHEME) REGULATIONS, 2001

ARRANGEMENT OF REGULATIONS

1.

Citation.

2.

Interpretation.

3.

Plant varieties for which plant breeder’s rights may be granted.

4.

Period for which rights are exercisable.

5.

Prescribed period before compulsory licensing.

6.

Additional rights.

7.

Offences.

SCHEDULE

SEEDS AND PLANT VARIETIES (PLANT BREEDER’S RIGHTS) (ORNAMENTAL AND HERBACEOUS PLANTS SCHEME) REGULATIONS, 2001
[L.N. 75/2001.]
1.
Citation

These Regulations may be cited as the Seeds and Plant Varieties (Plant Breeder’s Rights) (Ornamental and Herbaceous Plants Scheme) Regulations, 2001.

2.
Interpretation

In these Regulations, unless the context otherwise requires—

“authorized officer” means the Managing Director of the Kenya Plant Health Inspectorate Service;

“plant variety” includes any clone, line, hybrid or genetic variant.

3.
Plant varieties for which plant breeder’s rights may be granted

There is hereby made a scheme to be called the Ornamental and Herbaceous Plants Scheme, which shall apply to all plant varieties of ornamental and herbaceous perennial plants which conform with the characteristics of cultivated plant varieties of any of the species specified in the first column of the Schedule hereto.

4.
Period for which rights are exercisable

The period for which plant breeder’s rights shall be exercisable in respect of any of the plant varieties referred to in regulation 3 shall be the period of the years specified in the second column of the Schedule.

5.
Prescribed period before compulsory licensing

In relation to plant varieties referred to in the first column of the Schedule, the periods prescribed for the purposes of section 23(4) of the Act shall be the period of years specified in the third column of the Schedule.

6.
Additional rights

Plant breeder’s rights exercisable in respect of any of the plant varieties referred to in these Regulations shall, where the word “included” appears in the fourth column of the Schedule, include the exclusive right to propagate and to authorize others to propagate that plant variety for the purpose of selling cut blooms, foliage or stems thereof.

7.
Offences

A person who infringes the plant breeder’s rights in the registered name of a variety of ornamental covered by the Ornamental and Herbaceous Plants Scheme commits an offence and is liable to a fine of three thousand shillings or to imprisonment for a term of three months or to both.

SCHEDULE

SEEDS AND PLANT VARIETIES (PLANT BREEDER’S RIGHTS) (OIL AND FIBRE CROPS SCHEME) REGULATIONS, 2001

ARRANGEMENT OF REGULATIONS

1.

Citation.

2.

Interpretation.

3.

Plant varieties for which plant breeder’s rights may be granted.

4.

Period for which rights are exercisable.

5.

Class of plant varieties.

6.

Periods prescribed before compulsory licensing.

7.

Offences.

SCHEDULES

FIRST SCHEDULE

SECOND SCHEDULE

SPECIES OF PLANT VARIETIES PRESCRIBED FOR THE PURPOSES OF SECTION 21 OF THE ACT

SEEDS AND PLANT VARIETIES (PLANT BREEDER’S RIGHTS) (OIL AND FIBRE CROPS SCHEME) REGULATIONS, 2001
[L.N. 76/2001.]
1.
Citation

These Regulations may be cited as the Seeds and Plant Varieties (Plant Breeder’s Rights) (Oil and Fibre Crops Scheme) Regulations, 2001.

2.
Interpretation

In these Regulations, unless the context otherwise requires—

“authorized officer” means the Managing Director of the Kenya Plant Health Inspectorate Service;

“plant variety” includes any clone, line, hybrid or genetic variant.

3.
Plant varieties for which plant breeder’s rights may be granted

There is hereby made a scheme to be called the Oil and Fibre Crops Scheme, which shall apply to all plant varieties of oil and fibre crops which conform with the characteristics of cultivated plant varieties of any of the species specified in the first column of the First Schedule hereto.

4.
Period for which rights are exercisable

The period for which plant breeder’s rights shall be exercisable in respect of the plant varieties referred to in regulation 3 shall be the period of the years specified in the second column of the First Schedule.

5.
Class of plant varieties

The classes of plant varieties prescribed for the purposes of section 21 of the Act shall consist of—

(a)

in relation to plant varieties of sunflower; all plant varieties of the species specified in Part I of the Second Schedule;

(b)

in relation to plant varieties of the rapeseed and mustard; all plant varieties of the species specified in Part II of the Second Schedule;

(c)

in relation to plant varieties of sesame; all plant varieties of the species specified in Part III of the Second Schedule;

(d)

in relation to plant varieties of safflower; all plant varieties of the species specified in Part IV of the Second Schedule;

(e)

in relation to plant varieties of castor; all plant varieties of the species specified in Part V of the Second Schedule;

(f)

in relation to plant varieties of groundnut; all plant varieties species specified in Part VI of the First Schedule;

(g)

in relation to plant varieties of jojoba; all plant varieties of the species specified in Part VII of the Second Schedule;

(h)

in relation to plant varieties of soyabean; all plant varieties of the species specified in Part VIII of the Second Schedule;

(i)

in relation to plant varieties of linseed and flax; all plant varieties of the species specified in Part IX of the Second Schedule;

(j)

in relation to plant varieties of sisal; all plant varieties of the species specified in Part X of the Second Schedule;

(k)

in relation to plant varieties of cotton; all plant varieties of the species specified in Part XI of the Second Schedule;

(l)

in relation to plant varieties of kenaf; all plant varieties of the species specified in Part XII of the Second Schedule;

(m)

in relation to plant varieties of coconut; all plant varieties of the species specified in Part XIII of the Second Schedule.

6.
Periods prescribed before compulsory licensing

For the purposes of section 23(4) of the Act, a compulsory licence granted by the authorized officer in respect of a plant variety or group specified in regulation 3 shall not have effect from the date of grant of rights in that variety, for the period of years specified in the third column of the First Schedule.

7.
Offences

A person who infringes the plant breeder’s rights in the registered name of a variety of oil or fibre crop covered by the Oil Fibre Crops Scheme commits an offence and is liable to a fine of three thousand shillings or to imprisonment for a term of three months or to both.

FIRST SCHEDULE

SECOND SCHEDULE

SPECIES OF PLANT VARIETIES PRESCRIBED FOR THE PURPOSES OF SECTION 21 OF THE ACT
PART I – SUNFLOWER

PART II – RAPE/MUSTARD

PART III – SESAME

PART IV – SAFFLOWER

PART V – CASTOR

PART VI – GROUNDNUT

PART VII – JOJOBA

PART VIII – SOYABEAN

PART IX – LINSEED AND FLAX

PART X – SISAL

PART XI – COTTON

PART XII – KENAF

PART XIII – COCONUT

SEEDS AND PLANT VARIETIES (PLANT BREEDER’S RIGHTS) (OTHER CEREALS SCHEME) REGULATIONS, 2001

ARRANGEMENT OF REGULATIONS

1.

Citation.

2.

Interpretation.

3.

Plant varieties for which breeder’s rights may be granted.

4.

Period for which rights are exercisable.

5.

Class of plant varieties.

6.

Prescribed period before compulsory licensing.

7.

Offences.

SCHEDULES

FIRST SCHEDULE

SECOND SCHEDULE

SEEDS AND PLANT VARIETIES (PLANT BREEDER’S RIGHTS) (OTHER CEREALS SCHEME) REGULATIONS, 2001
[L.N. 77/2001.]
1.
Citation

These Regulations may be cited as the Seeds and Plant Varieties (Plant Breeder’s Rights) (Other Cereals Scheme) Regulations, 2001.

2.
Interpretation

In these Regulations, unless the context otherwise requires—

“authorized officer” means the Managing Director of the Kenya Plant Health Inspectorate Service.

3.
Plant varieties for which breeder’s rights may be granted

There is hereby made a scheme to be called the Other Cereals Scheme, which shall apply to cereals other than maize which conform with the characteristics of cultivated varieties of any of the species specified in the first column of the First Schedule hereto.

4.
Period for which rights are exercisable

The period for which plant breeder’s rights shall be exercisable in respect of the plant varieties referred to in regulation 3 shall be the period of years specified in the second column of the First Schedule.

5.
Class of plant varieties

For the purposes of section 21 of the Act, the classes of plant varieties prescribed shall consist of—

(a)

all the species specified in Part I of the Second Schedule;

(b)

in relation to plant varieties of rice, all the species specified in Part II of the Second Schedule;

(c)

of all the species in Part III of the Second Schedule.

6.
Prescribed period before compulsory licensing

For the purposes of section 23(4) of the Act, a compulsory licence granted by the authorized officer in respect of a plant variety specified in regulation 3 shall not have effect from the date of grant of rights in that variety for the period of years specified in the third column of the First Schedule hereto.

7.
Offences

A person who infringes the plant breeder’s rights in the registered name of a variety of cereal covered by the Other Cereals Scheme commits an offence and is liable to a fine of three thousand shillings or to imprisonment for a term of three months or to both.

FIRST SCHEDULE

SECOND SCHEDULE

PART I

PART II

PART III

SEEDS AND PLANT VARIETIES (PLANT BREEDER’S RIGHTS) (PULSES SCHEME) REGULATIONS, 2001

ARRANGEMENT OF REGULATIONS

1.

Citation.

2.

Interpretation.

3.

Plant varieties for which plant breeder’s rights may be granted.

4.

Period for which rights are exercisable.

5.

Class of plant varieties.

6.

Prescribed period before compulsory licensing.

7.

Offences.

SCHEDULES

FIRST SCHEDULE

SECOND SCHEDULE

SEEDS AND PLANT VARIETIES (PLANT BREEDER’S RIGHTS) (PULSES SCHEME) REGULATIONS, 2001
[L.N. 78/2001.]
1.
Citation

These Regulations may be cited as the Seeds and Plant Varieties (Plant Breeder’s Rights) (Pulses Scheme) Regulations, 2001.

2.
Interpretation

In these Regulations, unless the context otherwise requires—

“authorized officer” means the Managing Director of the Kenya Plant Health Inspectorate Service;

“plant varieties” includes any clone, line, hybrid or genetic variant.

3.
Plant varieties for which plant breeder’s rights may be granted

There is hereby made a scheme to be called the Pulses Scheme, which shall apply to all plant varieties of pulses which conform with the characteristics of cultivated varieties of any of the species specified in the first column of the First Schedule hereto.

4.
Period for which rights are exercisable

The prescribed period for which plant breeder’s rights shall be exercisable in respect of the plant varieties referred to in regulation 3 shall be the period of the years specified in the second column of the First Schedule.

5.
Class of plant varieties

For the purposes of section 21 of the Act, the classes of plant varieties prescribed shall consist of—

(a)

in relation to plant varieties of beans, the species specified in Part I of the Second Schedule;

(b)

in relation to plant varieties of peas, the species specified in Part II of the Second Schedule.

6.
Prescribed period before compulsory licensing

For the purposes of section 23(4) of the Act, a compulsory licence granted by the authorized officer in respect of a plant variety of a species specified in regulation 3 shall not have effect for a period of two years from the date of grant of rights in that plant variety.

7.
Offences

A person who infringes the plant breeder’s rights in the registered name of a variety of pulses covered by the Pulses Scheme commits an offence and is liable to a fine of three thousand shillings or to imprisonment for a term of three months or to both.

SCHEDULES

FIRST SCHEDULE

SECOND SCHEDULE

PART I – BEANS

PART II – PEAS

SEEDS AND PLANT VARIETIES (PLANT BREEDER’S RIGHTS) (PASTURE PLANTS AND GRASSES SCHEME) REGULATIONS, 2001

ARRANGEMENT OF REGULATIONS

1.

Citation.

2.

Interpretation.

3.

Plant varieties to which Scheme applies.

4.

Period for which rights are exercisable.

5.

Class of plant varieties.

6.

Periods prescribed before compulsory licensing.

7.

Offences.

SCHEDULE

SEEDS AND PLANT VARIETIES (PLANT BREEDER’S RIGHTS) (PASTURE PLANTS AND GRASSES SCHEME) REGULATIONS, 2001
[L.N. 79/2001.]
1.
Citation

These Regulations may be cited as the Seeds and Plant Varieties (Plant Breeder’s Rights) (Pasture Plants and Grasses Scheme) Regulations, 2001.

2.
Interpretation

In these Regulations, unless the context otherwise requires—

“authorized officer” means the Managing Director of the Kenya Plant Health Inspectorate Service;

“plant variety” includes any clone, line, hybrid or genetic variant.

3.
Plant varieties to which Scheme applies

There is hereby made a scheme to be called the Pasture Plants and Grasses Scheme, which shall apply to all plant varieties of pasture plants and grasses which conform with the characteristics of cultivated plant varieties of any of the genera or species specified in the first column of the Schedule hereto.

4.
Period for which rights are exercisable

The prescribed period for which plant breeder’s rights shall be exercisable in respect of any of the plant varieties referred to in regulation 3 shall be the period of years specified in the second column of the Schedule.

5.
Class of plant varieties

In relation to the plant varieties referred to in regulation 3, the class of plant varieties prescribed for the purposes of section 21 of the Act shall consist of all plant varieties of the genus or species specified in the third column of the Schedule.

6.
Periods prescribed before compulsory licensing

In relation to the plant varieties referred to in regulation 3, the period prescribed for the purposes of section 23(4) of the Act shall be the period of years specified in the fourth column of the Schedule.

7.
Offences

A person who infringes the plant breeder’s rights in the registered name of a variety of pasture plant or grass covered by the Pasture Plants and Grasses Scheme commits an offence and is liable to a fine of three thousand shillings or to imprisonment for a term of three months or to both.

SCHEDULE

SEEDS AND PLANT VARIETIES (NATIONAL INDEX OF PLANT VARIETIES) REGULATIONS, 2006

ARRANGEMENT OF REGULATIONS

1.

Citation.

2.

Interpretation.

3.

Plant species to which the Schedule applies.

4.

Applications for amending the index.

5.

Offences and Penalties.

SCHEDULE

SEEDS AND PLANT VARIETIES (NATIONAL INDEX OF PLANT VARIETIES) REGULATIONS, 2006
[Section 7, L.N. 161/2006.]
1.
Citation

These Regulations may be cited as the Seeds and Plant Varieties (National Index of Plant Varieties) Regulations, 2006.

2.
Interpretation

In these Regulations, unless the context otherwise requires—

“authorized officer” means the managing director of Kenya Plant Health Inspectorate Service;

“maintainer” means the owner or one who is a custodian of the genetic material of the plant variety on arrangement with the owner;

“owner” means the individual developer or institution of the plant variety;

“variety name” means the distinguishable commercial names of the seeds of the distinct plant variety;

“year of release” means the year when the National Variety Release Committee released the variety.

3.
Plant species to which the Schedule applies

There is hereby made an Index of names known as the National Crop Variety Index, which shall apply to all the 25 varietal names which conform to the characteristics of the cultivated 25 plant varieties of any of the variety names specified in the first column of the Schedule hereto.

4.
Applications for amending the index
(1)

Applications by any person seeking additions, corrections and erasures to the Index after it comes into force, shall be made in writing and addressed to: The Managing Director, Kenya Plant Health Inspectorate Service, P.O. Box 49592-00100 Nairobi, Kenya.

(2)

Applicants who dispute that two or more varieties appearing in the Index are not distinct shall supply information or descriptions together with 2 kilograms of seed material for purposes of tests and trials for variety verification by the authorized officer.

(3)

All applications under paragraph (2) shall be accompanied by a fee of Kenya shillings ten thousand in banker’s cheque or cash to cover the cost of tests and trials.

5.
Offences and penalties

Any person who infringes on these Regulations by trading in seed material in a variety name other than that given in the Index, commits an offence and shall be liable to a fine of Kenya shillings fifty thousand or to imprisonment for a term of six months or to such fine and imprisonment.

SCHEDULE

[Regulation 3.]

SEEDS AND PLANT VARIETIES (NATIONAL PERFORMANCE TRIALS) REGULATIONS, 2009

ARRANGEMENT OF REGULATIONS

1.

Citation.

2.

Interpretation.

3.

Application for performance trials.

4.

Application for exemption.

5.

Additional information, etc.

6.

Evaluations of reports.

7.

Establishment and membership of Trials Committee.

8.

Functions of the Committee.

9.

Meetings.

10.

Periods of trials & testing.

11.

Management of trials.

12.

Establishment and membership of Release of Committee.

13.

Functions of Release Committee.

14.

Release Committee meetings.

15.

Gazettement and commencement date.

16.

Records.

17.

Performance trials register.

18.

Fees.

19.

Translation.

20.

Appeals.

21.

Offences and penalties.

22.

Protection from liability.

SCHEDULE

SEEDS AND PLANT VARIETIES (NATIONAL PERFORMANCE TRIALS) REGULATIONS, 2009
[L. N. 25/2009.]
1.
Citation

These Regulations may be cited as the Seeds and Plant Varieties (National Performance Trials) Regulations, 2009.

2.
Interpretation

In these Regulations, unless the context otherwise requires—

“application” means an application to submit a plant variety for national performance trials under section 9(2) or 9(3);

“authorized officer” means a public officer appointed by the Minister, under section 2 of the Act;

“breeder” means a person who discovers or breeds a new plant variety and includes his successor in title;

“commercial check” means a plant variety used to compare the candidate varieties in the national performance trial;

“commercialization” means the distribution sale or offering a crop variety for sale to the public in any other manner and includes undertaking seed multiplication, conducting market research or seeking pre-maker approval of crop variety;

“distinctness Uniformity and stability test” means an evaluation to determine whether a new plant variety is different from any known plant variety in respect of some trait, uniform in morphological, physiological or other accepted trials; and stable in its description after repeated reproduction or propagation;

“national variety list” means the list of cultivars approved and gazetted by the Authorized officer for commercialization;

“official list” means a list of plant varieties maintained or published by a country other than Kenya;

“plant variety” means an assemblage of cultivated individuals which are distinguished by any character (morphological, physiological, cytological, chemical or others) which when reproduced (sexually or asexually) retain their distinguishing characters;

“performance trials” means national performance trials specified under section 9 of the Act;

“registration” means the inclusion of a released variety in the National Variety List;

“release” means a process whereby a plant variety listed under the Second Schedule has satisfactorily undergone trials and tests for distinctness, uniformity and stability, for yield or other special attributes, and is approved for release by the Release Committee;

“release Committee” means National Variety Release committee, established under regulation 12;

“reproductive material” means the reproductive part of a plant including seeds and other vegetative propagation material;

“The Kenya Plant Health Inspectorate service (KEPHIS)” means the Kenya plant Health Inspectorate Service established under paragraph 3 of the Kenya Plant Health Inspectorate Service order, 1996 [L.N. 305/1996, Sub. Leg.]

“trials” means the national performance trial specified under section 9 of the Act;

“Trials Committee” means the National performance Trials Committee, established under regulation;

3.
Application for performance trials
(1)

A person shall prior to the commercialization of varieties of crops listed under the second schedule to the Act, ensure that the crops have undergone the performance trials in accordance with these Regulations.

(2)

All varieties of crops listed under the Second Schedule to the Act shall undergo performance trials before commercialization in accordance with these Regulations.

(3)

An application for a performance trial shall be made to the authorized officer in form NPT 1 set out in the Schedule to these Regulations and shall be accompanied by any other specific information relating to the crop as the authorized officer may prescribe.

(4)

An application under this Regulations, together with the delivery of seeds, shall be made—

(a)

between the 1st December and the 15th February for the long rain seasons; and

(b)

between the 115th July and the 31st August for the short rain seasons.

4.
Application for exemption
(1)

An application for exemption from performance trials under section 9(3) of the Act shall be made in Form NPT 2 set out in the Schedule to these Regulations and shall be delivered to the authorised officer.

(2)

The application shall be accompanied by a statement stating that notwithstanding the fact that the seed of the plant variety was not included in the Index. It was in commercial use in Kenya before the publication of the order under section 9(1).

5.
Additional information, etc.
(1)

An application shall deliver to the authorized officer, within fourteen days following a written demand, or within such longer period as the authorized officer may allow, additional information, documents, records, materials or illustrations in support of an application made under these Regulations.

(2)

Where an applicant fails to deliver the additional information required under paragraph (1), his application shall be deemed incomplete and shall be accordingly rejected.

(3)

Where it appears to the authorized officer that it will not be practicable to undertake, in any season, trials of plant varieties submitted, the authorized officer may defer the commencement of the performance trials to the next season and such deferment shall be communicated to the applicant in writing.

6.
Evaluations of reports

The authorized officer shall evaluate the applications and submit a report to the Trials Committee established under regulation 7.

7.
Establishment and membership of Trials Committee

There is established a National Performance Trials committee which shall consist of—

(a)

managing director Kenya plant Health Inspectorate Service who shall be the chair and Kenya Plant Health Inspectorate service shall provide secretary services;

(b)

one representative of the Ministry of Agriculture;

(c)

one representative of the Seed Trade Association of Kenya;

(d)

two representatives of the plant Breeders Association of Kenya; and

(e)

not more than four crop specialists co-opted by the Managing Director Kenya Plant Health Inspectorate Service as necessary.

8.
Functions of the Committee

The Trail Committee shall perform the following functions—

(a)

oversee the conduct of performance trials;

(b)

review performance trials protocols, guidelines and minimum number of candidate varieties to constitute a performance trial;

(c)

evaluate the performance trials report and make recommendations to the Release Committee established under Regulation 12;

(d)

review applications for performance trials;

(e)

provide feedback to the applicants on performance of their entries in the performance trials; and

(f)

Perform any other function necessary for the proper conduct of the performance trials.

9.
Meetings

The Trials Committee shall—

(a)

meet at least once a year.

(b)

Develop rules for the conduct of meetings; and

(c)

Invite applicants who have candidate plant varieties in the Trials to attend Trials Committee meetings.

10.
Periods of trials & testing
(1)

All varieties submitted for the performance trials shall undergo testing for at least two seasons.

(2)

Where a plant variety has already been officially released in any one of the East African Community Countries, the variety shall undergo both performance trial and distinctness, uniformity and stability tests for at least one season in similar agro ecological zones: provided that an applicant shall provide the date leading to release the plant variety in that other country to the authorized officer.

(3)

All varieties shall meet other release criteria under these Regulations.

11.
Management of trials
(1)

The authorized officer shall—

(a)

ensure appropriate site selection, timely planting and proper management of the performance trials according to the protocols and manuals on each crop including records of the various activities;

(b)

upon giving adequate notice, organize a visit for applicants to the performance trials sites to evaluate the conduct of the trials and the performance of the varieties;

(c)

ensure proper data collection and analysis from all performance trials sites and compilation of the final report;

(d)

send the draft report to the members of the Trials Committees and the applicants with candidate varieties at least fourteen days before the Trials Committee meeting;

(e)

convene a Trials Committee meeting which shall evaluate and make a summary report to the Release Committee;

(f)

prepare a summary report to the Release Committee which shall include results of distinctness uniformity and stability testing and recommendations of the Trials Committee; and

(g)

confidentiality of all materials and information provided by the applicant under these Regulations.

(2)

If at any time after the commencement of a performance trial and before the completion thereof, an applicant informs the authorized officer in writing that he intends to withdraw his application, the application shall be deemed withdrawn without prejudice to the ongoing performance trial.

12.
Establishment and membership of Release of Committee

There is established a National Variety Release Committee comprising of the following members—

(a)

the Agriculture Secretary, Ministry of Agriculture who shall be the Chairperson;

(b)

the Managing Director Kenya Plant Health Inspectorate Service, who shall be the secretary;

(c)

the Director responsible for matters relating to extension or research liaison in the Ministry of Agriculture;

(d)

the Chief Executive Officer, seed Trade Association of Kenya;

(e)

the Chairman of the Plant Breeders Association of Kenya;

(f)

one representative of an academic institution of higher learning offering training in seed science and technology appointed by the Agriculture Secretary;

(g)

the Chief Executive Officer, Kenya National Federation of Agricultural producers; and

(h)

one representative of the consumer industry appointed by the Agriculture secretary.

13.
Functions of Release Committee

The release Committee shall perform the following functions—

(a)

Consider the report of the Trials Committee and its recommendations;

(b)

Consider the Distinctness Uniformity and stability report;

(c)

Approve and release qualifying varieties;

(d)

Determine fees for any application under these Regulations;

(e)

Moderate on any disputes relating to these Regulations;

(f)

Provide advice on policies and procedures on performance trials;

(g)

Prepare a list of approved and released plant varieties and forward the same to the authorized officer for Gazettement;

(h)

Determine procedures for withdrawal of released plant varieties; and

(i)

Determine the nomenclature to be applied to new varieties.

14.
Release Committee meetings
(1)

The Release Committee shall be convened by the Agriculture Secretary and shall meet at least once a year.

(2)

Subject to these Regulations, the Release Committee shall regulate its own procedure.

(3)

The Release Committee shall invite applicants of successful candidate plant varieties to attend variety release meetings.

15.
Gazettement and commencement date
(1)

The authorized officer shall cause the names of the released varieties to be published in the Gazette within fourteen days of the Release Committee meeting.

(2)

The authorized officer shall update and publish the National Variety List annually in the Gazette.

(3)

The effective date for the purposes of commercialization of the released plant varieties shall be the date of release of the varieties by the Release Committee.

16.
Records

The authorized officer shall maintain a Register of all applications for performance trials and any exemptions granted and the records shall include the following particulars—

(a)

names of the applicants, dates of applications and particulars of the plant variety for performance trials;

(b)

names of the applicants, dates of applications and particulars of plant variety for exemption from performance trials;

(c)

decisions of the authorized officer on applications for exemption from performance trials under section 9(3);

(d)

directions under section 9(7) of the Act setting out when the provisions of sections 9(4) and 9(5) of the Act shall cease to apply to seed of a plant variety;

(e)

the date with effect from which an application for a performance trial is deemed to be withdrawn;

(f)

the time limit within which results of performance trials shall be published;

(g)

the time within which the performance trials are deemed to begin; and

(h)

the fee paid by the applicant.

17.
Performance trials register
(1)

The authorized officer shall compile and maintain a performance trials register in respect of every plant variety which has undergone trials and the record shall include the following particulars—

(a)

the name and the address of the applicant;

(b)

the name and the address of the agent;

(c)

the name or other designation of the plant variety;

(d)

the date of the application;

(e)

the date upon which a performance trial was declared to have began;

(f)

the date of publication of the report on the performance trials by the Trials Committee;

(g)

the date on which an application was declared to have been withdrawn;

(h)

the date of completion of the performance trials; and

(i)

the result of the performance trials.

(2)

Any interested person may obtain from the authorized officer, a copy of any entry in the register or a copy of the report on the result of a performance trial of a plant variety upon payment of the fees as may be prescribed by the authorized officer from time to time.

(3)

The authorized officer shall keep and maintain a copy of the report on every trial.

18.
Fees
(1)

All applications under these Regulations shall be subject to payment of fees as may be determined by the Release Committee from time to time and the authorized officer shall cause such fees to be published in the Gazette.

(2)

Where the person making the application is not resident in Kenya, he shall give to the authorized officer in writing an address within Kenya which shall be the address at which any notice or other document may be delivered to or served upon him.

19.
Translation
(1)

All documents provided to the authorized officer shall be in the English language.

(2)

If the document required to be provided to the authorized officer is not in the English Language, the following shall apply—

(a)

an English translation of the document shall be provided along with the copy of the document;

(b)

the translation shall be certified to be an accurate translation by a competent authority;

(c)

if more than one copy of a document is required, one copy of the translation shall be provided for every copy of the document required;

(d)

if the authority officer reasonably believes that the translation is not accurate, he may refuse if and require an accurate translation; and

(e)

The copy of the document shall be deemed and to have been provided until the required translation and copied are provided.

20.
Appeals
(1)

Any person aggrieved by the decision of the authorized officer or the Trials Committee on any matter relating to these Regulations, may refer the matter in writing, to the Release Committee for moderation.

(2)

A person aggrieved by any decision of the Release Committee under paragraph (1) may appeal to the seeds and plants Tribunal.

21.
Offences and penalties
(1)

Any person who—

(a)

with intent to defraud, gives false information to the authorized officer;

(b)

knowingly produces or displays any document required to be produced or displayed under these Regulations which is false in any material particular; or

(c)

contravenes any of the provision of these Regulations, commits an offence.

(2)

Any person convicted of an offence under these Regulations shall be liable to a fine not exceeding three thousand shillings or to imprisonment for a term not exceeding three months or both.

22.
Protection from liability

No legal proceedings shall lie against the authorized officer or his duly authorized agent for anything done in good faith and without negligence, in the exercise of their powers, or the performance of their functions or duties under these Regulations.

SCHEDULE