Section 26: Conditions for importation

26. Conditions for importation (1) Notwithstanding any other enactment and subject to this section, no person shall import any seed intended for cultivation or trade— (a) under a name other than the variety name entered in the National Variety List; or (b) unless— (i) he is a seed importer; (ii) the importation is not restricted under section 25; (iii) the importation is not restricted under the laws of its State of origin; (iv) it is shown to the satisfaction of NPVSO to have been produced under prescribed conditions and to conform to standards equal to, or higher than, those for the production and certification of seed in Mauritius; (v) the seed complies with such standards of germination, varietal and physical purity and seed health, and such other requirements as NPVSO may determine; (vi) the container in which the seed is packed complies with such requirements as NPVSO may determine; (vii) the kind and variety of plants of the seed, and the country of its origin, are shown on an invoice or delivery note accompanying the seed at the time of its importation; (viii) the seed is accompanied by such document and certificate as NPVSO may determine; and (ix) the seed shall be of a variety entered in the National Variety List. (2) (a) NPVSO shall, in the absence of a seed certification system under the laws of a State of origin of imported seed, undertake tests on the imported seed to verify its compliance with such standards as NPVSO may determine. (b) NPVSO shall issue to a seed importer a certificate in respect of such seed and cause such particulars as NPVSO may determine to be entered in the register of seed importers. (3) The Minister may, on the recommendation of the Seeds Committee, exempt any seed importer, or any kind of plant, variety or class of seed, from compliance with subsection (1). (4) (a) This section shall not apply to the importation of seed intended for trade for purposes other than cultivation or for immediate re-export. (b) Any person importing seed in accordance with paragraph (a) shall furnish to NPVSO a declaration to that effect in such manner as NPVSO may determine. S8A – 15 [Issue 10] Seeds Act (c) No person shall redirect seed referred to in paragraph (a) for the purposes of cultivation in Mauritius. (5) Where any seed has been imported in contravention of this section, NPVSO may, unless the seed is re-exported within such period as NPVSO may determine— (a) order that the seed shall, after any such period— (i) be destroyed without compensation; or (ii) be removed from Mauritius, at the expense of the importer; or (b) permit its disposal in Mauritius in such manner and on such conditions it may determine. (S. 26 not in operation.)