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Table of Contents
Plant Improvement Act, 2018 (Act No. 11 of 2018)
Notice No. 512 of 2019
Act
1. Definitions
Chapter 1 : Application of Act
2. Application of Act
Chapter 2 : Registrar and Administration
3. Designation of Registrar and delegation
4. Exercise of discretionary powers by Registrar
5. Register of businesses and premises
6. Register of varieties
7. Register to be evidence
8. Inspection of documents submitted in connection with applications for national listing
Chapter 3 : Registration of Business and Premises
9. Types of business that may be conducted
10. Premises on or from which business may be conducted
11. Application for registration of business and premises
12. Registration of business and premises
13. Refusal of registration of business and premises
14. Period of registration
15. Notification of change of circumstances
16. Application for renewal of registration of premises
17. Approval for renewal of registration of premises
18. Refusal for renewal of registration of premises
19. Exemption from registration
20. Termination of registration
21. Display and return of certificate of registration
Chapter 4 : Conditions for Sale of Plants and Propagating Material
22. Requirements relating to sale of plants and propagating material
23. Exemptions regarding certain plants and propagating material
Chapter 5 : National Varietal List
24. National varietal list
25. Maintenance of propagating material
26. Removal of variety denomination from national varietal list
Chapter 6 : Application for National Listing
27. Varieties eligible for national listing
28. Application for national listing
29. Rejection of application for national listing
30. Acceptance and registration of application for national listing
31. Amendment of application for national listing
32. Objection to application for national listing
Chapter 7 : Variety Denominations
33. Denomination of variety
34. Amendment of denomination
Chapter 8 : Examination for Distinctness, Uniformity and Stability
35. Tests and trials
36. Refusal for national listing
37. Approval of national listing
Chapter 9 : Value for Cultivation and Use
38. Evaluation of variety for value, cultivation and use
Chapter 10 : Hearing of Objections
39. Hearing of objection
Chapter 11 : National Varietal List Journal
40. Matters to be published in Journal
Chapter 12 : Inspections
41. Inspection for quality control
42. Power to enter premises, inspection and sampling
Chapter 13 : Import and Export of Plants and Propagating Material
43. Import of plants and propagating material
44. Export of plants and propagating material
Chapter 14 : Schemes
45. Establishment of schemes
46. Provisions of schemes
Chapter 15 : Appeals
47. Right to appeal
48. Appeal Board, composition and membership
49. Investigation and consideration by Board
50. Consideration of appeal by Minister
Chapter 16 : Advisory Committee
51. Establishment of Advisory Committee
52. Appointment of members of Advisory Committee and termination of membership
53. Recusal and disclosure of interests
54. Meetings
Chapter 17 : General Provisions
55. Request for test results by authority of another country
56. Disclosure of information
57. Publication or distribution of false or misleading advertisements
58. Regulations
59. Offences
60. Penalties
61. Presumptions and evidence
62. Limitation of liability
63. Delegation
64. Transitional provisions and savings
65. Repeal of laws
66. Short title and commencement
Schedule
Schedule (Section 65)
Regulations
Regulations made in terms of the Plant Improvement Act, 2018
Notice No. 2155 of 2022
Chapter I: Definitions
1. Definitions
Chapter II: Application of Regulations
2. Kinds of plants declared in terms of the Act
3. Application for declaration of kinds of plants
4. Hemp permit
5. Exemption for plants and propagating material
6. Exempted types of business
7. Exempted premises
8. Application for exemption from registration of business and premises
Chapter III: Registration of Business and Premises
9. Register of businesses and premises
10. Certificate of registration for business and premises
11. Return of certificate of registration
12. Application for registration of business and premises
13. Notification of change of circumstances
14. Application for renewal of registration of premises
15. Records and reports
16. Requirements for a business relating to seed
17. Records at businesses and premises where propagating material is cleaned and conditioned
18. Records at businesses and premises where seed is prepacked
19. Records at businesses and premises where seed is sold
20. Requirements for the business of running a nursery and other multiplication facilities
21. Records at nurseries and other multiplication or conservation facilities
22. Requirements for the business of running a laboratory
23. Records and reports at test laboratories
Chapter IV: Conditions for Sale of Plants and Propagating Material
24. Requirements for seed which is certified
25. Certification of seed for certain varieties required
26. Marking and labelling of seed that is certified
27. Requirements for seed which is not certified
28. Maximum mass of seed lots
29. Marking and labelling of seed which is not certified
30. Permissible tolerance with regard to the indication of germination or viability groups
31. Requirements for containers
32. Use of trade marks on labels
33. Requirements for seed mixtures which are not certified
34. Marking and labelling of seed mixtures which are not certified
35. Requirements for prepacked seed
36. Marking and labelling of prepacked seed
37. Sealing of containers of prepacked propagating material
38. Inspection and sampling of seed
39. Requirements for imported seed
40. Marking and labelling of imported seed
41. Examination and sampling of imported seed
42. Declaration relating to seed imported for immediate export or for purposes other than cultivation
43. Application for certificate for export of seed
44. Examination and sampling of seed intended for export
45. Requirements for plants and vegetative propagating material which are certified
46. Requirements for plants that are not certified
47. Marking and labelling of plants
48. Inspection and sampling of plants and vegetative propagating material
49. Declaration relating to plants or propagating material imported for immediate export or for purposes other than cultivation
50. Application for export certificate for plants or vegetative propagating material
51. Examination and sampling of plants or vegetative propagating material intended for export
Chapter V: Registration of Varieties
52. Register of Varieties
53. National varietal list journal
54. National varietal list
55. Inspection and copies of documents
56. Application for removal of variety denomination
57. Submission of application and payment of application fees
58. Appointment of agent
59. Withdrawal of an application for national listing
60. Submission of plant material and payment of examination fees for tests and trials
61. Application for extension to submit material for tests and trials
62. Amendment of application for national listing
63. Objection to application for national listing
64. Denomination of variety
65. Amendment of denomination
66. Addition of synonym for an approved variety denomination
67. Evaluation of variety for value, cultivation and use
68. Hearing of an objection
Chapter VI: Schemes
69. Application for establishment of a scheme
70. Provisions of the scheme
Chapter VII: General
71. Appeal against decision or action of Registrar or designated authority
72. Remuneration of persons appointed in terms of the Act
Chapter VIII: Tables
Table 1: Kinds of plants regulated by the Act
Table 2: Tariffs
Table 3: Quantities for non-commercial seed
Table 4: Requirements for seed
Table 5: Compulsory certification of varieties
Table 6: Ports of entry
Table 7: Particulars relating to varieties published
‘‘plant’’
includes any part of a plant;
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