CHAPTER 308
SEEDS (REGULATION OF STANDARDS) ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

    ORDERS

        The Seeds (Detention and Stop Sale) Order

        The Weed Seeds Order

        Omitted Orders

    REGULATIONS

        The Seeds Regulations

ORDERS

THE SEEDS (DETENTION AND STOP SALE) ORDER

(Section 6)

G.N. No. 30 of 1976

    1. This Order may be cited as the Seeds (Detention and Stop Sale) Order.

    2. Every package of seed seized pursuant to the provisions of the Seeds (Regulation of Standards) Act *, may be detained by an inspector at any place at the risk and expense of the owner by attaching a detention or stop sale label to the package or, in the case of a seed lot, to at least one package of the lot.

    3. Upon attaching a detention or stop sale label to a package pursuant to paragraph 2 of this Order, the inspector shall forthwith deliver or mail to the owner or the person in possession of the seed or package a notice of the detention or stop sale of that seed:

     Provided that in addition to or in lieu of delivering or mailing the notice referred to in this paragraph, the inspector may publish the contents of such notice in such manner as will, in the opinion of the inspector, ensure the contents thereof coming to the notice of the person or persons who will or are likely to be affected thereby:

    Provided further that nothing in this paragraph shall be construed as ignorance of the contents of any such notice being a defence in any prosecution for an offence under the Seeds (Regulation of Standards) Act *, where such notice has been published in the Gazette.

    4. Except with the written authority of an Inspector, no person shall sell or trade in any manner any seed upon which has been placed a detention or stop sale label.

    5. Where any seed has been placed under detention or stop sale by an Inspector under paragraph 2 of this Order, the owner or the person in possession of the seed may apply to the Inspector for the release of the seed:

     Provided that no seed shall be released unless the person applying for the release has fulfilled to the satisfaction of the Inspector all the requirements of the Seeds (Regulation of Standards) Act *, the non-compliance of which led to the seed being placed under detention or stop sale.

    6. Any seed or package forfeited to the Government under the provisions of the Seeds (Regulation of Standards) Act *, shall be disposed of in such manner as the Chief Inspector may, with the approval of the Minister, direct.

THE WEED SEEDS ORDER

(Section 6)

G.N. No. 31 of 1976

    1. This Order may be cited as the Weed Seeds Order.

    2. (1) For the purposes of this Order "weed seed" means seeds, bullets or tubers of plants specified as weed seeds under the Seeds (Regulation of Standards) Act *, recognised as weed seeds by general usage.

    (2) The seeds of the species of plants specified in the Schedule hereto are hereby prescribed as weed seeds for the purpose of establishing grade standards under the Seeds (Regulation of Standards) Act.

SCHEDULE

    Class 1: Prohibited Noxious Weed Seeds (Applicable to all tables of grade standards set out in First Schedule to the Seeds Regulations, 1976).

    Prohibited noxious weed seeds are weed seeds not allowed in any seed at all, that is to say, a sample of seed may not contain any prohibited noxious weed seed. However, if any prohibited noxious weed seed is found in a sample, the tolerance shall be one seed per kilogram. If two or more seeds are found in a kilogram the seed shall be placed under stop sale until it has been recleaned and retested. When one prohibited noxious weed seed is found it will be considered within the tolerance of none. The following are prohibited noxious weed seeds–

    Class 2: Restricted Noxious Weed Seeds (Applicable to all tables of grade standards set out in the First Schedule to the Seeds Regulations, 1976).

    The following are restricted noxious weed seeds–

    The presence of restricted noxious weed seeds in any sample of seed shall be restricted. Where any restricted noxious weed seeds are found in any sample of seed the maximum allowed shall not exceed four weed seeds per kilogram, whether the four weed seeds are of the same kind of a combination of two or more kinds of weed seeds, and the name and number of each kind must be stated on the label.

    Class 3: Common Noxious Weed Seeds (applicable to all tables of grade standards set out in the First Schedule to the Seeds Regulations, 1976).

    Common noxious weed seeds are seeds, bullets or tubers or pieces thereof specified as weed seeds under the Seeds (Regulation of Standards) Act, 1973 or recognised as weed seeds by general usage. The presence of common noxious weed seeds in any sample of seed shall be restricted. Where any common noxious weed seeds are found in any sample of seed the maximum allowed shall not exceed 5% by weight.

    Common noxious weed seeds include, but are not restricted to, the following seeds–

OMITTED ORDERS

[Government Notice No. 27 of 1984 has been omitted.]

REGULATIONS

THE SEEDS REGULATIONS

(Section 5)

1.    Title

    These Regulations may be cited as the Seeds Regulations *.

2.    Interpretation

    (1) In these Regulations, unless the context requires otherwise–

    "Act" means the Seeds (Regulation of Standards) Act;

    "breeders grade" with respect to seed, means–

    (a)    seed recognised by the Director of Crop Development of the Ministry of Agriculture being seed of a variety that has been produced by the plant breeder responsible for the breeding and maintenance of that variety under conditions which have ensured that the specific characteristics of the variety have been maintained and which provides the source for the initial and recurrent increases of seed of the pedigree grades; or

    (b)    if of foreign origin, that the seed is certified by a recognised Certification Agency as being of breeders grade;

    "certified grade" with respect to seed, means–

    (a)    the approved progeny of breeder, foundation, registered or certified seed managed to maintain satisfactory genetic identity and purity the production of which is supervised and approved by the Tanzania Official Certification Agency and which provides the source for the initial and recurring increase of seeds; or

    (b)    if of foreign origin, that the seed is certified by a recognised Certification Agency or by the Chief Certification Officer as being of certified grade;

    "Chief Analyst" means the person appointed or designated by the Minister as the Chief Analyst under section 7 of the Act;

    "Chief Certification Officer" means the person for the time being in charge of the Tanzania Official Certification Agency;

    "Chief Inspector" means the person appointed or designated by the Minister as the Chief Inspector under section 7 of the Act;

    "common grade" with respect to seed, means–

    (a)    seed of any kind specified in the First Schedule hereto that has no pedigree status; or

    (b)    if of foreign origin, that the seed is certified by a recognised certification agency or by the Chief Certification Officer or by the Chief Inspector as being of common grade;

    "foundation grade" with respect to seed, means–

    (a)    the approved progeny of breeder seed produced by seed growers authorised by the Tanzania Official Certification Agency for the production of this grade and which has been so managed as to maintain genetic purity and identity which provides a source for the initial and recurring increase of seeds; or

    (b)    if of foreign origin, that the seed is certified by a recognised Certification Agency or by the Chief Certification Officer as being of foundation grade;

    "inert matter" includes all seed-like structures from both crop and weed plants and other matter that is not seed;

    "inter-agency label" means a label issued by the Chief Certification Officer in respect of seed certified by a recognised Certification Agency;

    "lot designation" means a number, mark, symbol or laboratory test number identifying a seed lot;

    "Minister" means the Minister responsible for agriculture;

    "official sample" means a sample of seed drawn by an inspector in the prescribed manner;

    "recognised certification agency" means a foreign seed Certification Agency recognised by the Tanzania Official Certification Agency for the purposes of these Regulations;

    "registered grade" with respect to seed, means–

    (a)    the approved progeny of breeder, foundation or registered seed produced by seed growers authorised by the Tanzania Official Certification Agency for the production of this grade and which has been so managed as to maintain genetic purity and identity which provides a source for the initial and recurring increase of seeds; or

    (b)    if of foreign origin, that the seed is certified by a recognised Certification Agency or by the Chief Certification Officer as being of registered grade;

    "seed lot" means a quantity of seed up to a maximum of 20,000 kilograms for seeds the size of Triticum spp. or larger, including paddy (Oryza sativa) and 10,00 kilograms for seeds smaller than Triticum spp.;

    "specialty seed" means seed of a kind or of a mixture of the kinds, specified in the First Schedule hereto and mixed or attached to any fertilizer, soil, compost, peat, moss, mica, plastic, paper, cellulose or any other matter and the seed itself meets the appropriate grade as defined in the First Schedule;

    "sub-standard seed" means seed certified by the Chief Certification Officer as sub-standard seed in accordance with the following conditions–

    (a)    the seed forms part of a seed lot which does not meet the normal certification standards other than those affecting the genetic purity or the reputation of certified seed;

    (b)    the seed is, in the opinion of the Chief Certification Officer, desirable in case of emergency for the advancement of crop improvement;

    (c)    the certification or labels relating to the seed clearly show the respect in which the seed does not meet the normal certification standards;

    (d)    the certificate or labels relating to the seed shall be stamped or marked "Sub-Standard" with a stamp or other device bearing the emblem of the Tanzania Official Certification Agency; and

    (e)    notwithstanding the foregoing, the seed shall be regarded as regraded seed of the grade which it represents, that is to say, foundation, registered or certified grade, as the case may be:

    Provided that every invoice relating to the sale of sub-standard seed shall bear a stamp, mark or statement indicating clearly that the seed described thereon is sub-standard;

    "Tanzania pedigree grade" means a grade that contains one of the words "breeders", "foundation", "registered" or "certified" as part of the grade name;

    "undesirable seed" means seed that is light, undersized, off-colour, shrunken, immature, damaged, diseased, injured, sprouted or frosted and include–

    (a)    in the case of oats, double seeds;

    (b)    in the case of barley, seeds with excess awn;

    (c)    in the case of flax, scaly or papery seeds;

    (d)    in the case of alfalfa or clover, off-colour seeds;

    (e)    in the case of sweet clover, seeds covered by hulls;

    (f)    in the case of chaffy grasses, unbroken spikelets.

    (2) For the purposes of these Regulations references to "pure seed" shall include references to all seeds of each kind and variety or of each kind under consideration present in excess of five per centum of the whole seed lot:

    Provided that in certain circumstances kinds and varieties or kinds present to the extent of five per centum or less of the whole seed lot may be considered pure seed, as for example, kinds and varieties or kinds shown on a label as components of a mixture in quantities of five per centum or less.

3.    Exemption

    Seed for experimental purposes, including breeding, imported or produced by persons or organisations approved in that behalf by the Chief Certification Officer shall be exempt from the operation of the provisions of the Act and of these Regulations.

4.    Standards: First Schedule

    The grades, the grade names and the standards for the kinds of seed specified in the tables of grade standards set out in the First Schedule shall respectively be those described in respect of each kind of seed in the appropriate table of grade standards.

5.    Additional requirements as respects standards

    (1) In addition to the standards prescribed by regulation 4, the requirement prescribed by paragraphs (2) and (3) of this regulation shall apply with respect to the standards of the appropriate kind of seed specified in the tables of grade standards set out in the First Schedule.

    (2) For every kind of seed–

    (a)    the seed shall not contain any prohibited noxious weed seeds;

    (b)    if graded with the name of Tanzania pedigree grade, the seed shall not be mixed with any other seed;

    (c)    each seed lot sold as Foundation Seed, Registered Seed or Certified Seed–

        (i)    shall be uniform and sound;

        (ii)    shall not be heat-damaged or be musty or contain moisture in excess of 13% or such greater percentage as the Chief Certification Officer may, from time to time, prescribe for seed of a specified kind;

        (iii)    shall be free from undesirable seeds and inert matter within the percentage allowed under these regulations; and

        (iv)    shall not be discoloured by weathering, staining or other factors to an extent that will impair its appearance or utility.

    (3) Whenever seed is sold or offered for sale, that seed shall be subjected to a test or tests to determine the percentage of germination required to be shown on the label thereof and the sale shall take place within seven months (not including the month shown on the label) from the date on which the last test was performed and the Chief Certification Officer may from time to time prescribe longer or shorter periods for re-testing.

6.    Restriction as to use of variety names

    (1) No person shall mark or label a package of seed with a variety name unless that seed is of the variety to which the variety name refers.

    (2) No person shall modify a variety name of any kind of seed for any purpose whatsoever.

    (3) No person shall label a package of a mixture of seed, other than a mixture of lawn or turf grass seed, containing seed of the kinds specified in Tables 7, 8 and 9 of the First Schedule, with a variety name unless–

    (a)    he is authorised in that behalf by the Chief Inspector; and

    (b)    all of the seed of the kind to which the variety name refers is–

        (i)    one of the Tanzania pedigree grades; or

        (ii)    in the case of a mixture made in the establishment of a person authorised to apply official labels or inter-agency certification label pursuant to paragraph (1) of regulation 19, of pedigreed grade.

7.    Marking and labelling

    (1) The information required by these Regulations on the label or outside of a package of seed shall be shown conspicuously, legibly and indelibly in Kiswahili or English or in both English and Kiswahili, and shall appear on one exposed face of the package or label and shall be of a size and colour that can be easily read.

    (2) No label shall contain any incorrect or misleading information, mark or brand name that might be construed as a variety name.

    (3) For the purposes of these Regulations, the Tanzania Seed Seal and the label colours described under this paragraph shall be used as follows–

    (a)    the Tanzania Seed Seal shall be applied on all labels relating to seed of foundation, registered or certified grade;

    (b)    in the case of a label on a package containing foundation seed, white colour shall be used, with the work "Foundation" conspicuously applied across one side of the label; the other side of the label shall be white;

    (c)    in the case of a label on a package containing registered seed, purple colour shall be used, with the work "Registered" conspicuously applied across one side of the label; the other side of the label shall be purple;

    (d)    in the case of a label on a package containing certified seed, blue colour shall be used, with the word "Certified" conspicuously applied across one side of the label; the other side of the label shall be blue;

    (e)    in the case of a label on a package containing Common Seed the label shall be brown.

    (4) The Tanzania Seed Seal referred to in paragraph (3) of this regulation shall have printed thereon the words "Tanzania Certified Seed" and shall be of such material, shape, size and colour as the Minister may approve.

8.    General labelling requirements

    (1) Every package of seed marked with a grade name shall have on its label a statement as to the percentage of germination and date on which the germination test was completed.

    (2) Every package of seed shall have a label with the weed seed content thereof in percentage or number of seeds per kilogram, as the case may require.

    (3) Every package of seed weighing more than 2 kilograms shall have a label with the lot designation of that seed.

    (4) Whenever seed is treated with a poisonous material it shall be thoroughly stained with a conspicuous contrasting colour to show that the seed has been so treated.

    (5) When seed has been treated with a poisonous material, the container of the seed shall be marked or have attached thereto a conspicuous label reading as follows–

    (Name of poisonous material (substance) in bold letters in Kiswahili and English:)

        "POISONOUS: do not use as food, feed or oil. This has been treated with ....
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    (6) Seed for sale shall be packed in packages unless–

    (a)    it is of a grade other than one of the Tanzania pedigree grades and is accompanied by a shipping label or invoice setting out the information required to be stated on the label of a package of that seed;

    (b)    it is delivered in a bulk container that is labelled in accordance with these Regulations; or

    (c)    (i)    it is wheat, oats, barley, rye, flax, maize, sorghum, millet, rice or any other prescribed kind of seed, going to a grain terminal or market for food, feed or oil;

        (ii)    it is of one of the Tanzania pedigree grades and is accompanied by a statement setting out the quantity of seed, the name and address of the purchaser and the information required to be stated on the label of that seed, two copies of which shall have been forwarded to an officer of the Tanzania Official Certification Agency having jurisdiction within the area in which the seed is sold; and

        (iii)    it is sold for seeding purposes by a person who is authorised to apply official labels or inter-agency certification labels pursuant to regulation 19.

    (7) Seed labels shall be in the form appearing under this paragraph and shall contain the information provided for in that form.

SEED ANALYSIS LABEL

9.    Application of labelling requirements in respect of field crops, and exemptions

     (1) Subject to the provisions of paragraph (2) of this regulation, the labelling requirements prescribed under regulations 10, 11, 12, 13, 14 and 15 shall apply to all the kinds of seed specified in those regulations.

    (2) Nothing in regulation 10, 11, 12, 13, 14 or 15 shall apply to seeds sold by a wholesaler to a sub-wholesaler for resale and re-labelling if the information required under any of those regulations is shown on the invoice accompanying the sale or on a label.

10.    Labelling of seeds specified in Tables 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 18 and 19 of the First Schedule

    (1) Every package of seed, offered for sale, of the kinds specified in Tables 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 18 and 19 of the First Schedule hereto, other than seed that is sweet corn (or sweet maize) or garden beans shall be labelled with the following information–

    (a)    the name and address of the seller;

    (b)    the name of the kind of the seed;

    (c)    the name of the variety of the seed;

    (d)    the name of the grade of the seed;

    (e)    the day, month and year of germination test;

    (f)    in the case of seed that is imported, the name of the country of production;

    (g)    in the case of seed that is a blend of two or more varieties, the name of each of the component varieties.

    (2) For the purpose of paragraph (1) of this regulation the following are hereby prescribed as the kinds of seed–

    (a)    "open pollinated" being any seed formed by means other than controlled an selective breeding;

    (b)    "varietal cross", being seed of the first generation of a cross between two named open pollinated varieties, or an open pollinated variety and a hybrid;

    (c)    "top cross", being seed of the first generation of a controlled cross between a named open pollinated variety and an inbred line;

    (d)    "hybrid", being seed of the first generation of a cross between two or more inbred lines or their combination including single crosses, double crosses and three-way crosses;

    (e)    "composite variety", being seed derived from selected strains which have been allowed to freely inter-pollinate;

    (f)    "inbred line", being seed derived from a relatively homogeneous line produced by inbreeding and selection;

    (g)    "synthetic variety", is seed formed through a combination of several intercrosses of genotypes which have been previously tested for their combining ability;

    (h)    "single cross hybrid", is seed obtained by crossing two unrelated homozygous strains to obtain uniform and enhanced trait expression in the first generation;

    (i)    "a three way cross hybrid", is seed obtained by crossing three unrelated homozygous strains to obtain uniform and enhanced trait expression in the first generation heterozygote;

    (j)    "a double cross hybrid", is seed obtained by crossing four unrelated homozygous strains or two unrelated single cross hybrids to obtain uniform and enhanced trait expression in the first generation heterozygote.

11.    Labelling mixtures of seeds

    Every package of a mixture of seeds, offered for sale, of the kinds specified in the First Schedule hereto shall be labelled with the following information–

    (a)    the name and address of the seller;

    (b)    the name of the grade of the seed;

    (c)    the name and percentage by weight of each kind in the mixture, in order of its predominance;

    (d)    the name of the variety of each kind in the mixture.

12.    Labelling roots and vegetable seed

    Every package of seed, offered for sale, of the kinds specified in the First Schedule hereto and of seed that is sweet maize, garden peas and garden beans shall be labelled with the following information–

    (a)    the name and address of the seller;

    (b)    the name of the kind of the seed, roots or cuttings, as the case may be;

    (c)    the name of the variety of the seed, roots or cuttings, as the case may be;

    (d)    if sold or offered for sale on the basis of grade, the name of the grade of the seed, roots or cuttings, as the case may be;

    (e)    if not sold or offered for sale on the basis of a grade of the seed, root or cutting–

        (i)    the date on which the seed, root or cutting was tested for germination; and

        (ii)    if the percentage of germination is below the minimum prescribed for the lowest grade, the percentage of germination of that kind of seed, root or cutting.

13.    Labelling onion sets and multiplier onions

    Every package of onion sets and multiplier onions offered for sale shall be labelled with the following information–

    (a)    the name and address of the seller;

    (b)    the term "onion sets" or "multiplier onions" as the case may be;

    (c)    the name of the grade of the onion sets and multiplier onions as set out in Table 17 of the First Schedule hereto.

14.    Labelling forage crop seed

    Every package of seed, offered for sale, of a kind specified in Tables 8 and 9 of the First Schedule hereto shall be labelled with the following information–

    (a)    the name and address of the seller;

    (b)    the name of the kind of the seed;

    (c)    the name of the grade of the seed;

    (d)    the name of the variety of the seed;

    (e)    the name of the country of production;

    (f)    in the case of seed that is sweet clover seed or a mixture containing 5% or more sweet clover seed, the words "white blossom" or "yellow blossom" to indicate the kind of sweet clover, or "mixed white and yellow blossom".

15.    Labelling mixture of seeds specified in Tables 8 and 9 of First Schedule

    (1) Every package of a mixture of forage seeds offered for sale, of the kinds specified in Tables 8 and 9 of the First Schedule hereto shall be labelled with the following information–

    (a)    the name and address of the seller;

    (b)    the name of the grade of the seed;

    (c)    the name and percentage of each kind of seed which singly constitutes 5% or more, or in the case of sweet clover 1% or more, by weight of the mixture;

    (d)    the percentage of weight of the kinds of seed of the mixture not stated on the label pursuant to subparagraph (c) of this paragraph preceded by the words "other crops":

    Provided that the name and percentage of each kind of seed in a package that singly constitutes 1% or more by weight of the mixture, may be marked on the package.

    (2) The information stated on a package or label pursuant to subparagraphs (b), (c) and (d) of paragraph (1) of this regulation shall be on the same face of the package or label and shall be of the same type of printing or lettering.

16.    Official label

    (1) Every package of seed produced in Tanzania and graded with the name of one of the Tanzania pedigree grades shall be labelled with an official label authorised by the Chief Certification Officer.

    (2) The official label referred to in paragraph (1) of this regulation shall contain the following information–

    (a)    the name of the kind of the seed;

    (b)    the name of the variety of the seed;

    (c)    the name of the grade of the seed;

    (d)    the crop certificate number;

    (e)    the serial number of the label;

    (f)    the seed certificate number;

    (g)    the lot designation of the seed.

    (3) The labels referred to in paragraph (1) of this regulation shall be supplied only to those persons applying for these labels and furnishing an inspector with–

    (a)    a declaration of the grower declaring that the seed to which the labels are to be applied is derived from the crop in respect of which the crop registration certificate or crop certificate specified in the declaration applies; and

    (b)    a declaration of the applicant, if the applicant is not the grower, declaring that the seed referred to in the grower's declaration is the seed to which the labels are to be applied and that the seed has not become mixed or contaminated while in the possession of the applicant.

17.    Inter-agency labels

    (1) Every package of seed of foreign origin graded with the name of the Tanzania pedigree grades shall be labelled with an inter-agency certification label authorised by the Chief Certification Officer.

    (2) The inter-agency certification label referred to in paragraph (1) of this regulation shall contain the following information–

    (a)    the name of the kind of the seed;

    (b)    the name of the variety of the seed;

    (c)    the name of the grade of the seed;

    (d)    the name of the country of production;

    (e)    the serial number of the label;

    (f)    the seed certificate number;

    (g)    the lot designation of the seed.

    (3) Inter-agency certification labels referred to in paragraph (1) of this regulation shall be supplied only if the person applying for these labels furnishes an inspector with–

    (a)    evidence satisfactory to the inspector that the imported seed is in containers bearing labels of that foreign certification agency acceptable to the Chief Certification Officer;

    (b)    a declaration of the applicant declaring that the seed has not become mixed or contaminated while in the possession of the applicant; and

    (c)    full particulars of the information on the labels of the foreign certification agency.

18.    General provisions with respect to official and inter-agency labels

    (1) An official label or inter-agency certification label shall only be applied to containers for which the labels were issued.

    (2) Except where the Chief Certification Officer otherwise directs, an official label or inter-agency certification label shall not contain anything other than the information required by regulation 16 or 17.

    (3) An official label or inter-agency certification label shall be applied to a container of seed only by an inspector, or in the case of seed of one of the Tanzania pedigree grades, by or under the direction of a person authorised to do so pursuant to regulation 19.

19.    Chief Certification Officer may authorise use of official labels or inter-agency certification labels in certain circumstances

    (1) The Chief Certification Officer may authorise any person to apply official labels or inter-agency certification labels to seed of one of the Tanzania pedigree grades, if that person–

    (a)    has seed processing equipment and facilities adequate for the proper processing of seeds;

    (b)    has adequate facilities to maintain the identity of different seed lots; and

    (c)    will return to the Chief Certification Officer on request by him any labels supplied pursuant to regulation 16 or 17.

    (2) Where the Chief Certification Officer or an inspector authorised by him is of the opinion that the person authorised to apply official labels or inter-agency certification labels pursuant to paragraph (1) of this regulation is–

    (a)    not operating his establishment in such a manner as to assure that proper processing of seed; or

    (b)    not complying with the provisions of regulation 16, 17, 18 or 19 of these Regulations,

the Chief Certification Officer may withdraw the authority granted pursuant to paragraph (1) of this regulation.

20.    Seed crop inspection

    (1) Crop inspection of seed-field shall be confined to crops for the production of seed of the Tanzania pedigree grades approved by the Chief Certification Officer for inspection.

    (2) Every application for a crop inspection of a seed-field shall be made in the form prescribed by the Chief Certification Officer before the date specified for inspection in the application form.

    (3) The crop inspection of a seed-field may be refused where application is received too late for the Chief Certification Officer to make satisfactory arrangements for the inspection.

    (4) For the purpose of inspection of seed crop, the land and field standards applicable shall be those adopted by the Tanzania Official Certification Agency.

21.    Sampling

    (1) For the purposes of these Regulations, unless the context otherwise requires–

    "primary sample" means each prove or each handful of seed drawn from a seed lot as a sample. When a seed lot is sampled either in containers or in bulk, several individual samples are drawn from different containers or from different places in the bulk;

    "composite sample" means a combination of primary samples placed in a suitable container. A composite sample is usually larger than the size of sample required for tests and it must be placed in a container of such material and size and in such a manner as to ensure that the seed is not mixed with any other matter;

    "submitted sample" means a composite sample of a size appropriate for tests. This sample is submitted to a testing station for quality tests;

    "working sample" means a portion of a submitted sample on which a quality test is made.

    (2) Samples of seed for testing or analysis shall be taken by an inspector in accordance with the requirements prescribed under this regulation.

    (3) Except where an inspector requires a larger sample of any kind of seed in any case where he considers it necessary for satisfactory testing, re-testing or analysis, the size of each sample shall comply with the particulars set out in the table appearing under this subparagraph, according to the kind of seed.

TABLE
(SAMPLE WEIGHTS IN GRAMS - FOR ALL GRADES)

    (4) Notwithstanding the provisions of paragraph (3) of this regulation, if the sample is required to check only the percentage of germination of seed of any of the kinds specified under this paragraph, the inspector may require that the sample be of the following size according to the kind of seed–

    (a)    garden beans (except broad and runner beans), garden peas and sweet corn (or sweet maize) – 115 grams;

    (b)    beet, mangel, sugar cane and swiss chard – at least 30 grams.

    (5) Where a seed lot–

    (a)    of sweet maize including hybrid varieties; or

    (b)    of a variety other than a hybrid variety of garden beans except broad or runner beans, garden peas or a kind specified in Tables 15, 18 or 19 of the First Schedule hereto,

is packed in individual containers each of which contains a quantify of seed not exceeding the size of sample prescribed for that kind of seed in paragraph (3) of this regulation, an inspector may require a smaller size of sample than that prescribed under paragraph (3) but not less than 400 seeds.

22.    Sampling intensity

    When sampling seed lots in bulk, that is to say, in heaps, bins, wagons and the like, or streams of seeds during any processing operation, the following sampling intensity shall be taken as the minimum requirements–

        Not exceeding 500 kg. – five primary samples shall be taken except that for small lots not exceeding 50 kg. three or four samples may be taken.

        Exceeding 500 kg. but not exceeding 3,000 kg. – one primary sample for every 300 kg. shall be taken, so however, that not less than five primary samples shall be taken.

        Exceeding 3,000 kg. but not exceeding 20,000 kg. – one primary sample for every 500 kg., Shall be taken, so however, that not less than 10 primary samples shall be taken.

    Seed in bulk shall be samples at random locations and the samples shall be drawn from varying depths. For seed lots in bags or other containers of similar size samples shall be taken at random locations and the following intensity shall be taken as the minimum requirements–

        Not exceeding 5 containers– a sample shall be taken from each container and the aggregate number of primary samples shall not be less than five.

        Exceeding 5 containers but not exceeding 30 containers– a sample shall be taken in every 3 containers and the aggregate number of primary samples shall not be less than five.

        Exceeding 30 containers – a sample shall be taken in every 5 containers and the aggregate number of primary samples shall not be less than ten.

23.    Fees

    (1) The fees prescribed in the Second Schedule hereto shall be payable in respect of the services specified in the said Schedule.

    (2) The fee for any service shall be paid at the time the application for the service is made.

    (3) The Minister may, by directions in writing or by notice in the Gazette, remit in whole or in part any fee payable by any person in respect of any service, if he is satisfied that it is in the public interest so to do.

24.    Methods and procedures for testing seed and limits of variability

    The methods and procedures for the testing of seeds, including the limits of variability, as set out in the Third Schedule hereto are hereby prescribed for the purposes of the Act and these Regulations.

FIRST SCHEDULE
TABLES OF GRADE STANDARDS

(Regulation 4)

TABLE 1

Applicable to:

    (a)    Wheat including hybrid – Triticum aestivum L.

    (b)    Wheat, durum – Triticum durum Desf.

TABLE 2

Applicable to:

    (a)    Barley – Hordeum vulgare L.H. distidhon L.

    (b)    Oat – Avena sativa L., A. nuda L.

TABLE 3

Applicable to:

    Rice (Paddy) – Oryza sativa.

TABLE 4

Applicable to:

    Sorghum (includes hybrid sorghum) 1 – Sorghum vulgare Pers. and S. almum Parodi and sorghum vulgare var. (Piper) Hitch.

TABLE 5

Applicable to:

    Maize field including open-pollinated and hybrid and sweet maize – Zea mays L.

Note– A Registered Grade of open-pollinated Maize may be prescribed by the Certification Agency.

TABLE 6

Applicable to

    Soybean - Glycine max.

TABLE 7

Applicable to:

    (a)    Millet, foxtail – Setaria italica (L.) beauv.

    (b)    Millet, Japanese – Echinochloa crusgalli (L.) beauv. var. Frumentacea (Roxb.).

    (c)    Millet, pearl – Pennisetum glaucum (L.) R. Br.

    (d)    Millet, proso – Panicum miliaceum L.

    (e)    Millet, Bullrush – Eleusine carocana.

    (f)    Millet, Finger – Setaria italica.

TABLE 8

Applicable to:

    (a)    Alfalfa – Medicago sativa Lucerne.

    (b)    Clover, White, incl. Ladino – Trifolium repens.

    (c)    Glycine – Glycine javanica.

    (d)    Lance Crotalaria – Crotalaria lanceolata.

    (e)    Showy Crotalaria – Crotalaria spectabilis.

    (f)     Slender Crotalaria – Crotalaria intermedia.

    (g)    Striate Crotalaria – Crotalaria mucronata var. striata.

    (h)    Sunn Crotalaria – Crotalaria juncea.

    (i)    Kudzu – Pueraria phaseloides.

    (j)    Lupines – Luine spp.

    (k)    Serradella – Ornithopus sativus.

    (l)    Tall Tick clover (Kuru vine) – Desunodium spp.

    (m)    Siratro – Phaseolus atropurpureus.

TABLE 9

STANDARDS FOR EACH PEDIGREED GRADE

Applicable to:

    Forage Grasses and Crops.

Foundation, Registered and Certified

Bermuda grass – Cynodon dactylon

4.0

5.0

.20

.50

96.0

95.0

75

Themeda triandra

5.0

8.0

.20

.50

95.0

92.0

60

Lovegrass - Ergrostis superba

2.0

3.0

.20

.50

98.0

97.0

75

Cynodon plectostachyus

4.0

5.0

.20

.50

96.0

95.0

75

Lovegrass – Brachiaria Brizantha

5.0

8.0

.20

.50

95.0

92.0

70

Trypsacum laxum

5.0

8.0

.20

.50

95.0

92.0

70

Brachiaria ruziziensis

5.0

8.0

.20

.50

95.0

92.0

70

Centro – Centrosema pubescens

2.0

3.0

.20

.50

98.0

97.0

65

Stylosanthes humilis

3.0

4.0

.20

.50

97.0

96.0

65

Stylosanthes mucronata

3.0

4.0

.20

.50

97.0

96.0

65

Clitoria ternatea

4.0

6.0

.20

.50

96.0

94.0

65

TABLE 10

Applicable to:

    (a)    Sunflower (cultivated) – Helianthus annus.

    (b)    Safflower – Cardhamus finetorias.

TABLE 11

    Applicable to Mixtures of Forage Seeds of two or more of seeds listed in Tables 8 and 9 of this Schedule.

    "Mixture" means each component present in excess of 5 percent of the whole.

Note–1.    Mixtures of grass seeds not designated by the sender as lawn or turf grass mixtures shall be graded under this table.

    2.    Percentage purity and germination of each component in the order of predominance shall be stated on the seed label.

TABLE 12

Applicable to:

    (a)    Cotton – Gossypum spp.

    (b)    Kenaf – Hibiscus cannabinus.

    (c)    Roselle – Hibiscus sadariffa.

TABLE 13

Applicable to:

    (a)    Bambara Nut – Voandzeia subterranea.

    (b)    Groundnut – Arachia hypogea.

TABLE 14

Applicable to:

    (a)    Sesame – Sesamum indicum orientale.

    (b)    Tobacco – Nicotiana tabacum, Nicotiana rustica.

TABLE 15

Applicable to:

    (a)    Bean – Phaseolus vulgaris.

    (b)    Bean, broad – Vicia faba.

    (c)    Bean, Lima – Phaseolus Lumatis var. macrocarpus.

    (d)    Bean, runner – Phaseolus coccineus.

    (e)    Chick pea – Cicer arietinum.

    (f)    Cow pea – Vigna sinensis et al.

    (g)    Mung Bean – Vigna radiata/Phaseolus aureus.

    (h)    Bonavista Bean – Dolichos lablab.

    (i)    Hyacinth Bean – Dolichos lablab

    (j)    Sword Bean – Canavalia ensiformis.

    (k)    Blackgram – Vigna mungo.

    (l)    Greengram – Vigna aureus.

    (m)    Pigeon pea – Cajanus cajan.

    (n)    Pea – perennial – Lathyrus spp.

    (o)    Castor bean – Ricinus cammunis.

TABLE 16

Applicable to:

    (a)    Ginger – Zingiber officinalis.

    (b)    Cardamon – Clitaria cardamomun.

    (c)    Pyrethrum – Chrysanthemum cinerariafolium.

Notes:    (1) Parent Planting Stock.

        (2) Percentages to be based on counts.

Classes and Sources of Certified Seed of Cassava and Root Cutting Crops or other Vegetatively Propagated Crops:

1.    Foundation plants are first year propagation from plants that are free from nematodes and that have been indexed as free from virus diseases other than latent. These plants must be grown under strict isolation in a greenhouse in which only plants that are indexed as virus-free are planted.

2.    Registered plants are first year propagation from foundations.

3.    Certified plants are first year propagation from Registered or Foundation plants. Specific standards shall be those established by the Certification Agency in accordance with the provisions of the Act.

TABLE 17

Applicable to:

    Onion Sets and multiplier onions (including Garlic)

Note– 1.    The size standards under Column 2 do not apply to multiplier onions.

    2.    Onion sets may be labelled "pin-head" onion sets when they conform to the standards specified in this table and when the diameter of the sets is not more than 3/4".

    3.    The following are the generally accepted identification and distinction between Onion sets and Onion Multipliers. Onion sets: (Allum cape) small bulbs or "sets" grown from seed used to plant for the production of mature onions.

        Since A. cape is perennial, in the temperate zone, the sets are produced one season for planting in the next season. They are, in a practical sense just very small onions.

        Onion multipliers: (A. cape var: varaggratum). The example variety produces branching at the base of the bulb which, when divided, can be used as propagating material for planting. The practical example in Tanzania is the Spring onion.

        In the General Allum there are at least four basic means of propagation: Seed, Cloves, Topsets, and Multipliers. Seed to produce mature onions or for the production of transplants or sets (Allum cepa).

        Bulb segments or cloves: (A. sativum) – Garlic. The separation of segments of the garlic bulb provides the usual propagation material. Seldom is garlic seed used.

        Topsets and the small bulb-like planting material produced in the flower cluster, sometimes in conjunction with seed (A. cape var. vivaparum).

        Multiplier and the division of the branchings at the base of the crown which are used for propagation (A. cape var. aggregatum) – Spring onions.

TABLE 18

Applicable to:

    Vegetable Crops.

99.5

-

TABLE 19

Applicable to:

    Common Grade Seed

    1.    Prohibited Noxious Weeds: None.

    2.    Restricted Noxious Weeds: Maximum allowed shall be ten (10).

    3.    Total Weed Seed Content. The maximum by weight shall not exceed 1.5 percent.

    4.    Minimum Seed Standards.

TABLE 20

CERTIFIED TREE AND SHRUB SEEDS

    1.    Foundation tree seed shall be seed from trees of proven genetic superiority as defined by the Tanzania Official Certification Agency and so produced as to ensure genetic identity (seeds from inter-specific hybrids of forest trees may be included).

    (a)    Registered tree and shrub seeds shall be the seed progeny grown from foundation tree or trees and shrubs.

    (b)    Certified seed shall be the seed progeny grown from either registered or foundation trees.

    2.    Specific standards shall be those established by the Tanzania Official Certification Agency in accordance with the provisions of the Act.

TREE AND SHRUB SEEDS

        The term "tree and shrub seeds" includes seed of woody plants commonly known and sold as tree and shrub seeds in Tanzania.

SECOND SCHEDULE
FEES FOR SERVICES

(Regulation 23)

THIRD SCHEDULE
METHODS AND PROCEDURES FOR SEED TESTING AND LIMITS OF VARIABILITY

(Regulation 24)

    The purposes of these Regulations and of providing seed analysis results for labelling of seed as required under these Regulations, and for determining the limits of variability of seed analysis results (Tolerance), the International Rules of Seed Testing of the International Seed Testing Association shall be used. (Volume 31, Number 1, 1966, 152 pages, or subsequently published Rules of said Association shall apply.)

    Analysts, as designated by the Minister, of the Tanzania National Seed Testing Laboratory or of any other officially designated seed testing laboratory in Tanzania shall obtain the results of seed analysis on seed samples submitted for testing by following the above named Rules of Seed Testing. The result of seed analysis shall be regarded as being the official results for labelling purposes as specified by these Regulations. {/mprestriction}