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Plant Improvement Act, 2018 (Act No. 11 of 2018)

Chapter 3 : Registration of Business and Premises

22. Requirements relating to sale of plants and propagating material

 

(1) Plants and propagating material sold for purposes of cultivation must—
(a) be of varieties of the kinds of plants contemplated in section 24;
(b) be sold under the approved denomination or synonym entered in respect thereof in the national varietal list or regional varietal list, and a qualifying term or reference may be used in conjunction thereof;
(c) comply with the requirements prescribed in respect of the plant and propagating material in question; and
(d) in the case of—
(i) propagating material, be pre-packed or packed in containers which comply with the prescribed requirements and which are sealed and branded, marked or labelled in the prescribed manner with the prescribed information; or
(ii) a plant or batch of plants, be labelled in the prescribed manner with the label containing the prescribed information.

 

(2) Notwithstanding subsection (1), seed mixtures may be sold subject to prescribed requirements.

 

(3)
(a) A person may in writing apply to the Registrar, with the furnishing of reasons,for exemption from compliance with one or more of the requirements set out in subsection (1).
(b) In order to enable the Registrar to make a decision on an application in terms of paragraph (a) the Registrar may call for further information from the applicant.
(c) The Registrar may after considering an application—
(i) refuse to grant exemption; or
(ii) in writing grant exemption from compliance with one or more of the requirements set out in subsection (1), subject to such conditions as the Registrar may deem fit.
(d) If any condition referred to in paragraph (c)(ii) is not being complied with, the Registrar may in writing withdraw the exemption in question.

 

(4) Plants and propagating material contemplated in subsection (1) must be sold from a business and premises registered in terms of this Act, unless exempted from registration in terms of section 19.