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 IV: Conditions for Sale of Plants and Propagating Material46. Requirements for plants that are not certified |
| (1) | Subject to the provisions of subregulations (2), (3), (4), and (5), a plant of such a kind of plant and a plant of any other kind of plant that has not been certified, may be sold, if— |
| (a) | such plant and, if it has been grafted or budded, the rootstock thereof, as applicable, is— |
| (i) | true to type and true to variety; |
| (ii) | free from the regulated pests specified in the Agricultural Pests Act, 1983 (Act No. 36 of 1983) or any national Plant Health legislation and regulations; and |
| (iii) | visually free from any other pest; and |
| (b) | where applicable— |
| (i) | such plant shows vigorous growth in all respects; |
| (ii) | the graft or bud union of such plant has grown together right around; |
| (iii) | no signs of nutritional deficiency, drying out or physiological, chemical, pest, hail, cold or serious mechanical damage are visible on such plant; and |
| (iv) | the root system of such plant is well-developed. |
| (2) | A plant of Citrus spp., Fortunella spp., Poncirus spp. and any cross of such plants that has not been certified may be sold, if— |
| (a) | all seed, budwood and grafting material required for the propagation of plants of the Citrus group, have been certified in terms of the scheme established in terms of section 45 of the Act and obtained from premises registered and certified in terms of that scheme; |
| (b) | in the case of seed for a rootstock, such seed contains not more than 5 per cent under-developed seed and not more than 5 per cent damaged seed: Provided that the aggregate of the under-developed and damaged seed content shall not exceed 5 per cent; |
| (c) | in the case of budwood for a scion the thorns, leaves and side shoots of such budwood have been removed immediately after the collection thereof; |
| (d) | in the case of a nursery plant grafted or budded— |
| (i) | the graft or bud union of such plant is at least 200 mm above the ground; |
| (ii) | the scion of a nursery plant is at least 150 mm above the graft or bud union; and |
| (iii) | the difference between the diameter of the scion and the rootstock of such plant 50 mm above and 50 mm below the graft or bud union, does not exceed 5,0 mm; and |
| (e) | in the case of a nursery plant that is not grafted or budded, such plant is at least 350 mm above the ground. |
| (f) | in the case of any nursery plant— |
| (i) | the stem of such plant is straight; |
| (ii) | such a plant is not subject to bark flaking or any other abnormality; and |
| (iii) | if such plant has been cut back, it is not shorter than 500 mm: |
| (3) | A plant of Malus spp., Prunus armeniaca L., Prunus avium L., Prunus cerasus L., Prunus domestica L., Prunus persica Batsch, Prunus salinica Lindl or Pyrus communis L. that has not been certified may be sold, if— |
| (a) | in the case of seed for seedlings— |
| (i) | the percentage germination of that seed is at least 75; and |
| (ii) | that seed contains not more than 5 per cent under-developed seed and not more than 5 per cent damaged seed: Provided that the aggregate of the under-developed and damaged seed content must not exceed 5 per cent; |
| (b) | in the case of graftwood or budwood— |
| (i) | that wood is well-matured; and |
| (ii) | the side shoots and spurs on that wood were removed immediately after collection; |
| (c) | in the case of an unrooted hardwood cutting, that cutting originates from the growth of the previous growing season; |
| (d) | in the case of a rooted rootstock cutting— |
| (i) | that cutting is not older than two years; |
| (ii) | the length of that cutting above the uppermost root is at least 300 mm; |
| (iii) | the diameter of that cutting above the uppermost root is 8 mm; |
| (iv) | that cutting is straight; and |
| (v) | that cutting has at least two roots with a minimum length of 50 mm each; |
| (e) | in the case of an apple seedling or apple layer— |
| (i) | that seedling or layer is not older than one year; |
| (ii) | the stem of that seedling or layer is straight; |
| (iii) | the root system of that seedling or layer is well-developed; and |
| (iv) | the stem diameter 200 mm above the uppermost root of that seedling or layer is not more than 15 mm; and |
| (f) | in the case of a nursery plant— |
| (i) | of a stone fruit, any graft or bud union is between 120 mm and 200 mm above the uppermost root; |
| (ii) | of a pome fruit any graft or bud union is between 150 mm and 250 mm above the uppermost root; |
| (iii) | the stem diameter 50 mm above the graft or bud union of a one-year-old and two-year-old plant is at least 7 mm and 8 mm respectively; |
| (iv) | the side shoots of that plant after leaf drop have not been cut back to shorter than 100 mm; |
| (v) | no side shoots appear below the graft or bud union of that plant; |
| (vi) | that plant has not been cut back to shorter than 1,5 m above the graft or bud union: Provided that where such a plant has been established in a container, that plant has not been cut back to shorter than 500 mm above the graft or bud union; |
| (vii) | the pruning wound above the graft or bud union of that plant is sealed with a wound sealer; |
| (viii) | the roots of that plant are not pot-bound and, if cut back, are not shorter than 150mm; |
| (ix) | that plant has no dead or torn roots; |
| (x) | the stem of that plant is straight; and |
| (xi) | where such a plant has been established in a container, that plant has not been established in such container for longer than one year: |
| (4) | A plant of Vitis spp. that has not been certified may be sold, if— |
| (a) | in the case of a scion graft shoot— |
| (i) | that shoot does not originate from a plant younger than two years; |
| (ii) | the buds of that shoot are dormant for graft purposes and show no signs of budding or swelling; |
| (iii) | that shoot is well-matured over the entire length thereof; and |
| (iv) | the diameter between the nodes over the entire length of that shoot is between 6 mm and 12 mm; |
| (b) | in the case of a scion plant shoot— |
| (i) | that shoot does not originate from a plant younger than two years; |
| (ii) | the buds of that shoot are dormant and show no signs of budding or swelling; |
| (iii) | that shoot is at least 300 mm in length; |
| (iv) | that shoot is well-matured over the entire length thereof; |
| (v) | that shoot has no anchors or side shoots; |
| (vi) | that shoot is straight enough to fit in its length between two parallel straight lines 30 mm apart; and |
| (vii) | the diameter of that shoot between the two upper buds is not less than 4 mm; |
| (c) | each rootstock graft shoot, rootstock plant shoot, rootstock of a grafted plant and rooted rootstock plant originates from a parent plantation that is cultivated only for the production of rootstocks; |
| (d) | in the case of a rootstock graft shoot— |
| (i) | that shoot does not originate from a p!ant younger than two years; |
| (ii) | that shoot is well-matured over the entire length thereof; |
| (iii) | a node appears on the base of that shoot; |
| (iv) | the length of that shoot is between 260 mm and 280 mm: |
| (v) | the diameter between nodes over the entire length of that shoot ls between 6 mm and 12 mm; |
| (vi) | that shoot has no anchors or side shoots; and |
| (vii) | that shoot is straight enough to fit in its length between two parallel straight lines 30 mm apart; |
| (e) | in the case of a rootstock plant shoot— |
| (i) | that shoot does not originate from a plant younger than two years; |
| (ii) | that shoot is well-matured over the entire length thereof; |
| (iii) | that shoot is at least 300 mm in length; |
| (iv) | the diameter of that shoot between the two upper buds is not less than 4 mm; |
| (v) | that shoot has no anchors or side shoots; and |
| (vi) | that shoot is straight enough to fit in its length between two parallel straight lines 30 mm apart; |
| (f) | in the case of a rooted rootstock plant— |
| (i) | that plant has at least one mature shoot with a minimum length of 150 mm, or at least two mature shoots with minimum length of 100 mm each; |
| (ii) | the two-year-old part of that plant is at feast 250 mm long; |
| (iii) | at 1east two well-developed roots appear on the base of that plant; |
| (iv) | no dead parts appear on that p!ant; and |
| (v) | the roots of that plant have not been cut back shorter than 100 mm; |
| (g) | in the case of a rooted rootstock plant in a container, excluding a plant that is cultivated from a one-bud cutting, that plant has— |
| (i) | a stem at least two years old and 200 mm in length and with an internode diameter of at least 5 mm; |
| (ii) | at least one well hardened off one-year-old shoot with a minimum length of 150 mm, that, when dormant, is well-matured over at least two thirds thereof; and |
| (iii) | at least two well-developed roots on the base thereof; |
| (h) | in the case of a rooted rootstock plant that is cultivated from a one-bud cutting and is established in a container— |
| (i) | that plant has at least one shoot with a minimum length of 100 mm that, when dormant, is well-matured over at least two thirds of the length thereof; and |
| (ii) | at least two well developed roots appear on the base of that plant; |
| (i) | in the case of a rooted grafted plant that is not established in a container— |
| (i) | the diameter of the scion of that plant is not more than 3 mm thicker and not more than 3 mm thinner than the rootstock; |
| (ii) | at least two well developed roots appear on the base of that plant; |
| (iii) | no signs are visible of the removal of roots thicker than 2 mm in diameter from the scion of that pfant; |
| (iv) | no live buds appear on the rootstock of that plant; |
| (v) | that plant has at least one mature shoot with a minimum length of 100 mm when it is of the variety Barlinka or Hanepoot and 150 mm when it is of another variety; |
| (vi) | the rootstock of that plant is at least 200 mm in length; and |
| (vii) | no dead parts appear on that plant; and |
| (j) | in the case of a grafted plant in a container— |
| (i) | the side graft union of that plant is firmly callused through at least the bottom three quarters of that union; |
| (ii) | the top graft union of that plant is firmly callused right around; |
| (iii) | the diameter of the scion of that plant is not more than 2 mm thicker or more than 3 mm thinner than the rootstock; |
| (iv) | the length of any rootstock stem originating from dormant wood is at least 150 mm and the internode diameter thereof is at least 5 mm; |
| (v) | with the exception of a cartonaged plant, that plant has at least one shoot with a minimum length of 150 mm that, when dormant, is well-matured over at least two-thirds of the length thereof; |
| (vi) | when cartonaged, that plant has at least one shoot with a minimum length of 100 mm; |
| (vii) | at least three well-developed roots appear on the base of that plant; and |
| (viii) | no signs are visible of the removal of roots thicker than 2 mm in diameter from the scion of that plant; and |
| (k) | in the case of a rooted green-grafted plant in a container— |
| (i) | the graft union of a green-grafted plant in a container must be firmly callused right around; |
| (ii) | the internodal diameter of the scions of such a plant must be at least 1,5 mm; |
| (iii) | each one-year-old plant, when dormant, must have at least one mature shoot with a minimum length of 80 mm; |
| (iv) | each one-year-old plant, when not dormant, which has stood over for one season after grafting, must have at least one green shoot with a minimum length of 80 mm; |
| (v) | the rootstock of such a plant must have a length of at least 100mm, with an internodal diameter of at least 1,5 mm and be well matured over the entire length thereof; and |
| (vi) | each plant must have at least three well-developed roots that are evenly spread around the base thereof. |
