National Environmental Management Act, 1998 (107 of 1998)
R 385
Plant Improvement Act, 2018 (Act No. 11 of 2018)RegulationsRegulations made in terms of the Plant Improvement Act, 2018Chapter III: Registration of Business and Premises16. Requirements for a business relating to seed |
| (1) | The types of business relating to seed stipulated in section 9(1)(a) to (c) of the Act, may be registered if the owner and person in direct control, as applicable,— |
| (a) | have a sound knowledge and understanding of the requirements of the Act, the facilities, equipment and practices for operating such seed facility as applicable. |
| (b) | have available premises or access to premises or a mobile facility for the services and kinds of plants or crop groups as indicated on the application form; and |
| (c) | in the case of hemp, ensure compliance with the hemp permit requirements and only buy from or sell to people in possession of a valid hemp permit. |
| (2) | Premises on which business relating to seed is conducted, may be registered and the registration thereof may be renewed if— |
| (a) | the place where seed is kept on the premises concerned— |
| (i) | is an enclosed structure with a solid floor and, where required, ensure controlled access to seed; |
| (ii) | has efficient lighting so that any marks, printing or writing on containers of seed or on labels attached to such containers may readily be read; |
| (iii) | has efficient ventilation so that excessive humidity and high temperatures which may detrimentally affect seed are prevented; and |
| (iv) | is kept in an orderly, tidy and clean condition at all times; |
| (b) | the available facilities and equipment at the premises concerned are adequate and sufficient to ensure the satisfactory conduct of the service relating to the kinds of plants and varieties of seed handled there; |
| (c) | seed is handled and stored at the premises concerned in such a manner that— |
| (i) | it is protected against damage by pests; |
| (ii) | in case of a cleaning and conditioning facility, uncleaned seed and screenings are kept separate from cleaned seed; |
| (iii) | cleaned seed at cleaning and conditioning facilities and cleaned seed at prepacking and seed selling businesses, is kept separate from anything else that is not seed, by storing it in separate stores, or by dividing it by means of solid partitions; |
| (iv) | each seed lot is separated by a space of at least one metre from another seed lot to ensure unobstructed access to each lot; and |
| (v) | admixing of seed of different kinds of plants is prevented, except if seed mixtures are being made intentionally in accordance with the provisions of regulation 33 or when adding a pollinator; |
| (d) | at a cleaning and conditioning facility, the following are marked, printed or written on the containers of uncleaned seed at such premises, or on labels attached to the containers concerned— |
| (i) | the words "uncleaned seed"; |
| (ii) | the kind and variety of the seed concerned; and |
| (iii) | the name and address of the person from whom the seed concerned was received; |
| (e) | at facilities other than indicated in paragraph (d), the applicable particulars required in terms of these regulations, are marked, printed or written on seed containers, or on labels attached to the containers concerned; |
| (f) | seed intended for selling must comply with the requirements stipulated in Table 4 for the respective kind of plant concerned; |
| (g) | in the case of hemp seed— |
| (i) | received for cleaning and conditioning, prepacking or selling, request the hemp permit, acknowledgement of planting notification and transport declaration, as applicable, from the person who provided the seed; |
| (ii) | presented for sale, ensure that each buyer of hemp seed is in possession of a valid Hemp Permit for the purpose for which the seed is bought; and |
| (ii) | furnish the buyer or carrier with a transport declaration and retain a copy thereof; and |
| (h) | the person in direct control of the premises has knowledge and understanding of the requirements of the Act , the facilities, equipment and practices for operation of such activities. |
| (3) | When the person in direct control of the premises or operations is replaced, the registration of the premises will only be renewed if the new person has the knowledge and understanding referred to in subregulation (2)(h). |
| (4) | In case of a mobile facility, the provisions of subregulations (1) and (2)(b), (c)(v), (e) to (h) and subregulation (3), as applicable, must be complied with. |
