A new draft law on plant production seeks to introduce a wide range of penalties targeting poor farming practices, fake seeds, misuse of fertilisers and agrochemicals, as well as violations of plant protection rules. The bill approved by Cabinet on January 28 comes the government moves to tighten regulation across the agricultural value chain. ALSO READ: New law to end ‘anyone can be a farmer’ approach, professionalise sector Farming practices and penalties: The draft law has yet to be tabled before Parliament seeks to penalise farming practices that threaten productivity, public health and the environment. Under the bill, a farmer who cultivates land in a way that spreads pests or diseases, or causes soil erosion and land degradation, commits a fault, with penalties to be determined by an order of the minister in charge of agriculture. Seeds, plant varieties and fake inputs The proposed legislation seeks to introduce strict penalties to strengthen the fight against the trade in fake seeds and the illegal use of protected plant varieties. For instance, illegal use of a registered and protected variety attracts imprisonment for a term of three to five years and a fine of Rwf7-10 million. ALSO READ: Maize farmers supplied with faulty seeds to be compensated Providing false information during plant variety registration is punishable by six months to three years in prison and a fine of Rwf500,000 to Rwf5 million. Selling uncertified or expired seeds, mixing different seed varieties, or adulterating seeds is punishable by one to three years’ imprisonment and fines of Rwf2 million to Rwf5 million. Similar penalties apply to importing or exporting seeds without licences or phytosanitary certificates, or manipulating certification processes. ALSO READ: Farmers seek compensation for ‘fake’ watermelon seeds Jean-Paul Munyakazi, a farmer and legal representative of Imbaraga Farmers’ Organization, said agro-dealers who supply fake or diseased seeds should be held accountable for losses incurred by farmers. For Innocent Namuhoranye, chairman of the National Seed Association of Rwanda (NSAR), providing for offences and penalties in the proposed legislation was necessary and could help professionalise the sector. He said that currently, a dealer can sell seeds under another company’s brand without facing any punishment, discouraging the original developers of a seed variety and undermining innovation and investment. “Without penalties, wrongdoing goes unchecked, and the agricultural sector cannot progress as it should. Clear laws ensure professionalism and protect innovators,” he said. Misuse of fertilisers According to the bill, the use of fertilisers in a manner that endangers human health or the environment is punishable by a fine of between Rwf200,000 and Rwf1 million, and imprisonment of between three months and one year, or one of these penalties. Felix Turimumahoro, president of the federation of potato farmers’ cooperatives in Rwanda, welcomed the introduction of penalties for offences, particularly for fertiliser misuse, saying it could improve soil health – by penalising excessive fertiliser application – and help local meet export and hotel standards. However, Turimumahoro cautioned that “penalties should be applied proportionately based on farmer categories, to avoid overburdening smallholder farmers.” ALSO READ: Govt prioritises food basket sites to boost farm yields Athanasie Nyirarukundo, a potato farmer from Musanze District, said the bill could ensure order in the farming sector. But she underscored the need to engage farmers during the legislative process and provide adequate training to ensure they understand its provisions. Otherwise, she said, farmers might be punished due to lack of knowledge, particularly regarding proper fertiliser and pesticide use. “Sometimes a farmer misuses fertiliser out of ignorance while trying to maximise profits,” she said. ALSO READ: What to know about new bill on animal welfare, fisheries Patrick Karangwa, the Director General for Agriculture Modernisation in the Ministry of Agriculture and Animal Resources, said that introducing penalties does not replace other measures, such as agricultural insurance to protect farmers from losses. He said te bill seeks loopholes that have allowed offenders to evade punishment. Agrochemicals and environmental protection The bill also targets the misuse and illegal trade of agrochemicals and bio-inputs. It determines that importing, exporting, manufacturing or distributing prohibited agrochemicals is punishable by six months to three years’ imprisonment and fines ranging between Rwf500,000 and Rwf5 million. Repeat offenders face double penalties and a permanent ban from the agrochemical business. Selling substandard, counterfeit, unregistered or expired agrochemicals, or restricted products without authorisation, carries tougher penalties of three to five years in prison and fines ranging from Rwf5 million to Rwf30 million. Misuse of pest control products in a way that endangers human health or the environment attracts penalties of six months to one year in prison and fines ranging from Rwf500,000 to Rwf2 million. Higher fines could be applied to companies and institutions. Plant protection and quarantine offences Under the plant protection provisions, offences such as exporting plants without inspection, violating quarantine measures, refusing to comply with regulatory directives, or engaging in fraud or forgery are punishable by six months to two years’ imprisonment and fines ranging from Rwf3 million to Rwf10 million, or one of these penalties.
