REGULATION OF FERTILIZER ACT

Arrangement of Sections

1. Short title.

2. Importation, manufacture and formulation of fertilizer to be licensed.

3. Fertilizer Advisory Committee.

4. Appointment of officers and servants.

5. Delegation of powers of the Director.

6. Application for licence.

7. Form and duration of licence.

8. Renewal of licence.

9. Cancellation of licence.

10. Director shall communicate his decision to applicant or licensee together with his reasons therefor.

11. Appeals.

12. Powers of the Director.

13. Distribution of fertilizer.

14. Refusal to distribute fertilizer.

15. Prohibition of distribution of adulterated fertilizer.

16. Seizure and detention of adulterated fertilizer.

17. Analysis.

18. Prohibition on possession of fertilizer in excess of requirements by persons other than importers, manufacturers, formulators or distributors.

19. Formulation of fertilizer.

20. Standards to be applied in the analysis of fertilizer.

21. Offences.

22. Penalties.

23. Power of court to order forfeiture.

24. Disposal of forfeited fertilizer.

25. Institution of Proceedings.

26. Offences committed by a body of persons.

27. Protection for action taken in good faith.

28. Regulations.

29. Interpretation.

SCHEDULE

68 of 1988.

AN ACT to regulate the importation, manufacture, formulation and distribution of Fertilizer and to provide for matters connected therewith or incidental thereto.

[Date of Commencement: 17th December, 1988]

1. Short title.

This Act may be cited as the Regulation of Fertilizer Act.

2. Importation, manufacture and formulation of fertilizer to be licensed.

(1) No person shall, after the expiration of three months from the appointed date, import, manufacture or formulate fertilizer except under the authority and other wise than in accordance with the terms and conditions of a licence issued under this Act by the Director of the National Fertilizer Secretariat (hereinafter referred to as the "Director”).

(2) Every licence issued under this Act shall be subject to the respective terms and conditions set out in the Schedule to this Act.

3. Fertilizer Advisory Committee.

(1) There shall be a Fertilizer Advisory Committee appointed by the Minister.

(2) It shall be the duty of the Fertilizer Advisory Committee to advise the Director on such matters relating to the administration of the Act as may from time to time be referred to it by the Secretary to the Ministry of the Minister.

4. Appointment of officers and servants.

There may be appointed by name or by office such number of officers and servants as may be deemed necessary in the administration of this Act.

5. Delegation of powers of the Director.

(1) The Director may delegate to any officer or servant appointed under section 4 any of his powers under this Act.

(2) The officer or servant to whom any of the powers of the Director have been delegated under subsection (1) shall exercise such powers so delegated subject to the general or special directions of the Director.

6. Application for licence.

(1) Every application for a licence to import, manufacture or formulate fertilizer shall be made to the Director in the prescribed form and be accompanied by the prescribed fee.

(2) On receipt of an application under subsection (1), the Director shall either grant a licence or for reasons to be recorded by him refuse to grant such applicant a licence.

7. Form and duration of licence.

Every licence issued under this Act shall—

(a) be in the prescribed form; and

(b) unless it is cancelled earlier be in force for a period of twelve months from the date of its issue.

8. Renewal of licence.

A licence may be renewed by the Director for a period or periods not exceeding one year at a time on application made to the Director not less than thirty days before the expiry of the licence, if—

(a) the Director is satisfied that the licensee has observed the
provisions of this Act and any regulations made thereunder and has not been convicted of any offence under this Act or any regulations made thereunder; and

(b) the licensee pays the prescribed fee for the renewal of the licence.

9. Cancellation of licence.

(1) The Director may cancel a licence issued under this Act, if he is satisfied that the licensee—

(i) has contravened any of the provisions of this Act or of any regulations made thereunder or of any conditions or terms attached to such licence; or

(ii) has been convicted of an offence under this Act.

(2) The cancellation of a licence under subsection (1) shall not take effect until the time for appealing against the decision of the Director has expired or if an appeal has been made within time, unless and until the appeal is disallowed.

10. Director shall communicate his decision to applicant or licensee together with his reasons therefor.

(1) Where the Director decides to refuse the grant or the renewal of a licence or to cancel a licence, the Director shall communicate to the applicant or the licensee, as the case may be, his decision with the reasons therefor, by registered post.

(2) Any decision required to be communicated under the preceding provisions of this section to any applicant or licensee shall be deemed to have been communicated to him after the expiry of a period of two days reckoned from the date of dispatch of such communication by registered post to the usual place of business or residence of such applicant or licensee.

11. Appeals.

(1) The applicant or licensee, as the case may be, who is aggrieved by a decision of the Director under section 10:

(a) refusing the grant or renewal of a licence; or

(b) cancelling his licence,

may appeal against the decision to the Secretary to the Ministry of the Minister within thirty days of the date on which the decision is communicated to him.

(2) The Secretary to the Ministry of the Minister may on an appeal under subsection (1)—

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