The Seeds and Plant Varieties (Amendment), Bill, No. 4 of 2025

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Kenya Gazette Supplement No. 66 (Senate Bills No. 4)

REPUBLIC'OF KENYA

KENYA GAZETTE SUPPLEMENT

SENATE BILLS,2025

NAIROBI,9th May,2025

('ONl t:NT

| Bill for Introduction into thc Scnatr: - | It tr ,l | |------------------------------------------------------|------------| | The Seeds and Plant Varietics (Amendrncnt) Bill.2025 | tt7 |

THE SEEDS AND PLANT VARIETIES (AMENDMENT) BILL,2025

A Bill for

• AN ACT of Parliament to amend the Seeds and plant Varieties Act to introduce a standards-based seed registration system to facilitate timely approval of seed varieties, and for connected purposes

ENACTED by the Parliament of Kenya, as follows

1. This Act may be cited as the Seeds and plant 2. Varieties (Amendment) Act, 2025. 3. ...ftT99 to. as "the principal Act" is amended by inserting the following new definitions in their proper aiphabetica-i sequence-

-

2. The Seeds and Plant Varieties Act, in this Act

"Bureau" means the Kenya Bureau of Standards established under section 3 ofthe Standards Act; and

"standards-based secd registration system" means the

registration system established under section l0A.

3. The principal Act is amended by inserting the 2. following new sections immediately after section l0-

Stan&rds-based seed rcgistration systcm.

• l0A. (l) There is established a standardsbased seed registration system to be administered by the Bureau for the approval and registration of seed varieties that meet minimum quality standards prescribed under this Act.

Applicstion for rcgist ation.

• f0B. (l) A person who intends to register a seed variety under the standards-based seed registration system shall submit an application to the Bureau in the prescribed form.
• (2) The application under subsection ( l) shall include--
• (a) technical data demonstrating compliance with minimum germination and purity standards;

Shon title

Amendment of section 2 ofCap

326.

Cap.496

Insertion of a new s€ctions l0A, l0B and l0C ofCap.

326.

• (b) proof of absence of noxious weeds
• and seed-bome diseases;
• (c) proof that the entity applying for the registration of a seed variety is a registered seed merchant with the
• Service;
• (d) a physical sample of the variety seeking to be registered, which shall serve as the genetic reference sample for the seed variety; and
• (e) any other information as may be prescribed.
• (3) Upon receipt of the application, the Bureau shall within sixty days
• (a) examine the application to
• -
• assess compliance with the prescribed minimum quality standards;
• (b) verify that the seed variety proposed for registration is genetically distinct from any currently registered variety; and
• (c) in writing, approve or reject the application.
• (4) Where the Bureau approves an application, it shall-
• (a) register the seed variety; and
• (b) issue a certificate ofregistration to the applicant.
• (5) A certificate of registration issued
• under subsection (4) is-
• (a) valid for five years from the date of
• issuance; and
• (b) renewable upon application by the holder in the prescribed form at a prescribed fee.
• (6) The Bureau may revoke a certificate of registration where-

• (a) the seed variety fails to meet the prescribed standards during postmarket monitoring;
• (b) the registration was obtained through m isrepresentation or fraud; and
• (c) post-market monitoring detects a counterfeit variety that does not match the reference seed sample submitted at registration.
• f0C. (l) The seed varieties of the crops tisted in the Seventh Schedule is eligible for registration under the standards-based seed registration system if they include-
• (a) climate-resilient seed
• varieties intended for rapid deployment in response to environmental challenges;
• (b) seed varieties that have already undergone testing and for which there is suf ficient evidence of compliance with prescribed standards;
• (c) seed varieties developed for low-risk, low-sensitivity niche markets, including those for urban farming and specialised crops that do not require extensi ve agro-ecological trials;
• (d) other seed varieties intended for domestic consumption and not requiring extensive agro-ecological trials; and
• (e) any other seed varieties as may be prescribed or exempted by regulation.
• (2) The Cabinet Secretary may, by notice in the Gazette, amend the list of crop varieties provided in the Seventh Schedule.
• (3) Seed varieties that require certification through the Sen,ice and are not eligible for registration under the standards-based system, are -

Eligibility for registration.

• (a) hybrid seed varieties intended for large-scale commercial farming;
• (b) seed varieties intended for export markets;
• (c) seed varieties
• requiring comprehensive agro-ecological trials to determine their performance and suitability; and
• (d) any other seed varieties as may be prescribed or exempted by regulation.
• (4) The Cabinet Secretary shall, in consultation with the Bureau, make regulations to provide for-
• (a) the procedures, forms, and fees for applications under the standards-based seed registration system;
• (b) the minimum quality standards and criteria for seed varieties to be registered under the standards-based seed registration system, including germination rates, genetic purity, and freedom from noxious weeds and
• seed-borne diseases;
• (c) post-market monitoring and enforcement mechanisms to ensure compliance with seed quality standards;
• (d) the procedures for handling, maintaining, and verifying reference seed samples registered under the standards-based seed registration system; and
• (e) any other matter necessary for the effective functioning of the standardsbased seed registration system.
• (3) Despite any provision of this Act or any regulations, the standards-based seed registration system established under this

section shall prevail with respect to the registration, approval, and quality assurance of seed varieties covered under subsection

(l).

• 4.The principal Act is amended by deleting section I I and substituting therefor the following new section-

Sced tcsting stations.

• I l. The Service shall, in consultation with relevant county govemments, establish and maintain official seed testing stations in such areas as may be necessary for purposes of this Act.

5. The principal Act is amended by inserting the following new schedule immediately after the Sixth Schedule -

Amendment of section I I ofcap.

326.

Inscrtion of8 new Schedule Seven of Cap.326.

SEVENTH SCIIEDULE

ls. r0CI

CROP VARIETIES ELIGIBLE FOR THE STANDARDS.BASED SEED REGISTRATION

SYSTEM

• l. Sudan Grass

2. Pigeon Peas 3. Cereal Rye 4. Oats 5. Lupins 6. Chickpeas 7. Barley 8. Canola 9. Linseed 10. Grain Sorghum 11. I l. Wheat 12. Fava./broad beans 13. Millets 14. Dry/ common/ French beans/ Green beans 15. Lab lab 16. Sunflowers 17. Mung Beans 18. Rhodes grass 19. Peas

MEMORANDUM OF OBJECTS AND REASONS

Statement of the Objects and Reasons for the Bill

The principal object of this Bill is to amend the Seeds and Plant Varieties Act (Cap. 326) to introduce a standards-based seed registration system administered by the Kenya Bureau of Standards (KEBS) as an altemative to the existing certification process overseen by the Kenya Plant Health Inspectorate Service (KEPHIS).This amendment seeks to address the inefficiencies in the current seed approval process which has led to significant delays, averaging four years, and hindered farmers' access to quality and climate-resilient seed varieties.

This amendment will create a flexible and efficient regulatory framework that facilitates the timely approval of seed varieties, promotes innovation in seed development and enhances farmers' access to affordable and climate-smart seeds to ensure food security and sustainable agricultural growth.

Statement on the delegation of legislative powers and limitation of

fundamental rights and freedoms

This Bill does not delegate legislative powers nor does it limit fundamental rights and freedoms.

Statement of how the Bill concerns County Governments

The Bill directly concerns county governments since agriculture is a devolved function under Paragraph I of Part 2 of the Fourth Schedule to the Constitution and the enactment of the Bill will significantly enhance food security and agricultural productivity at the local level.

Statement that the Bill is not a money Bill within the meaning of Article 114 of the Constitution

This Bill is not a money Bill within the meaning of Article I l4 of the

Constitution.

Dated the 5th March, 2025

LEDAMA OLEKTNA,

Senator.