Seeds and Plant Varieties Act
2. Interpretation
2. Interpretation
In this Act, unless the context otherwise requires—"authorization" means the delegation of some or all aspects of seed certification and seed testing services by the Inspectorate to a competent private or public person;"authorized officer" deleted by Act No. 53 of 2012, s. 3(a);"breeder" means the person who breeds, or discovers and develops a seed or plant variety and includes the employer of such a person;"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to agriculture;"compulsory licence" means a licence granted by the Cabinet Secretary under section 23 of this Act;"inspector" means a person appointed under section 3B(1)(a);"national variety list" means the list of all plant varieties which have been tested, officially released and published in the Gazette;"plant breeder’s rights" means rights granted under section 17 of this Act;"plant examiner" means a suitably qualified person appointed under section 3B;“plant genetic resources for food and agriculture” means any genetic material of plant origin of actual or potential value for food and agriculture including indigenous seeds and plant varieties;"plant variety" means a plant grouping within a single botanical taxon of the lowest known rank, defined by the expression of the characteristics resulting from a given genotype or combination of genotypes distinguished from any other plant grouping by the expression of at least one of the said characteristics and considered as a unit with regard to its suitability for being propagated unchanged;"positive direction" deleted by Act No. 53 of 2012, s. 3(d);"protective direction" means the provisional protection given to applicants for rights while pending actual grant of rights under paragraph 1 of the Third Schedule in regard to an application for plant breeders’ rights;"scheme" deleted by Act No. 53 of 2012, s. 3(e);"seed" means that part of a plant which is or is intended to be used for propagation and includes any seed, seedling, corm, cutting, bulb, bulbil, layer, marcott, root, runner, scion, set, split, stem, stock, stump, sucker, plantlet, minituber or tuber so used or intended to be so used;"seed analyst" means a suitably qualified person appointed under section 3B;"seed crop" means a crop grown for the production of certified seed;"seed field" means a field where registered seed crop is grown;"seeds regulations" means regulations made under section 3 of this Act;"sell" includes barter, exchange, and offering or exposing for sale;"Service" means the Kenya Plant Health Inspectorate Service established by the Kenya Plant Health Inspectorate Service Order, 1996 (L.N. 305/1996) or its successor;"statutory statement" means a statement given in pursuance of seeds regulations, whether the statement be in the form of a notice or other document, or in the form of particulars given on any label, container or package, or in any other form, and includes a statement delivered under subsection (5) of section 30 of this Act;"testing station" means an official seed testing station established under section 11 of this Act;"the Index" means the index of names of plant varieties prepared under section 7 of this Act;"the Tribunal" means the Seeds and Plants Tribunal established under section 28 of this Act.[Act No. 53 of 2012, s. 3, Act No. 32 of 2016, s. 3.]Source: Kenya Law