Plant Improvement Act, 2018 (No. 11 of 2018).
Country
Type of law
Legislation
Abstract
This Act makes provisions with respect to protection of rights regarding plant improvement. This Act applies to such kinds of plants for agricultural, industrial and forestry production as the Minister may declare by notice in the Gazette for the purposes of this Act. The Act consists of 66 sections divided into 17 Chapters: Application of the Act (1); registrar and Administration (2); registration of Business and Premises (3); Conditions for Sale of Plants and Propagating Material (4); national varietal List (5); Application for National Listing (6); Variety Denominations (7); Evaluation for Distinctness, Uniformity and Stability (8); Values for Cultivation and Use (9); Hearing of Objections (10); National varietal List Journal (11); inspections (12); Import and Export of Plants and Propagating Material (13); Schemes (14); Appeals (15); Advisory Committee (16); General Provisions (17).
The Minister must appoint and designate a person as the Registrar of Plant Improvement. The Registrar must keep a register in which the prescribed particulars in respect of all applications for national listing in terms of this Act must be entered. He or she must also keep a register of every relevant every business and premises. Any person who desires to have a kind of plant declared must submit an application with the Registrar in the prescribed manner. Types of business relating to plants or propagating material for cultivation or sale, that must be registered and must comply with the prescribed requirements, unless exempted, are: (a) The cleaning and conditioning of seed; (b) the pre-packing of seed; (c) the selling of seed; (d) the running of a nursery or any other type of multiplication facility; (e) the running of a laboratory; (f) the importation of plants or propagating material; or (g) the export of plants or propagating material.
The Act sets out requirements relating to sale of plants and propagating material. They must be included in the National Varietal List and be sold under the approved denomination or synonym. There are also packaging and labelling requirements. The National varietal List shall include a list of such specific varieties or all varieties of such kinds of plants as may be prescribed and varieties included in varietal list kept under the Plant Improvement Act, 1976. the Act sets out the criteria that apply to a variety in order to be eligible for national listing. An applicant for national listing must, subject to the approval of the Registrar, propose a denomination that complies with the prescribed requirements. The Registrar must, in order to enable him or her to determine whether a variety in respect of which an application has been accepted, is distinct, uniform and stable undertake or cause to be undertaken such tests and trials as may be necessary or rely on tests and trials obtained from the appropriate authority in another country. The Registrar may, in cases where the value for cultivation and use of a variety is doubtful, evaluate that variety in the prescribed manner in order to determine its value. Premises must be regularly inspected in the prescribed manner during the period of registration.
Plants or propagating material of a kind of plant declared in terms of this Act, may only be imported into South Africa— (a) in compliance with all relevant legislation for the consignment concerned; (b) if the importer has a certificate of registration in respect of a business and premises contemplated in section 12, unless exempted; (c) if the plants or propagating material— (i) is of a variety and denomination which is listed in the national varietal list or the regional varietal list; (ii) complies with the prescribed requirements; (iii) is packed or pre-packed in a container which is sealed and branded, marked or labelled in the prescribed manner with the prescribed information; and (iv) is imported through a prescribed port of entry or such other place as the registrar may determine. Any person who intends to export plants or propagating material of a kind of plant declared in terms of this Act, must have a certificate of registration of the business and premises and materials must comply with the prescribed minimum requirements.
The Minister may establish a scheme for the certification of plants and propagating material of the kinds of plants referred to in the notice. Different schemes may be established for plants and propagating material of different kinds of plants, and the requirements for different kinds and varieties of plants and propagating material in a scheme may differ. A scheme may be proposed by private entities. A committee to be known as the Plant Improvement Advisory Committee may be established. One of the members shall be a person to represent indigenous interests in respect of plant varieties and the source, use and impacts of plant varieties.
The Minister must appoint and designate a person as the Registrar of Plant Improvement. The Registrar must keep a register in which the prescribed particulars in respect of all applications for national listing in terms of this Act must be entered. He or she must also keep a register of every relevant every business and premises. Any person who desires to have a kind of plant declared must submit an application with the Registrar in the prescribed manner. Types of business relating to plants or propagating material for cultivation or sale, that must be registered and must comply with the prescribed requirements, unless exempted, are: (a) The cleaning and conditioning of seed; (b) the pre-packing of seed; (c) the selling of seed; (d) the running of a nursery or any other type of multiplication facility; (e) the running of a laboratory; (f) the importation of plants or propagating material; or (g) the export of plants or propagating material.
The Act sets out requirements relating to sale of plants and propagating material. They must be included in the National Varietal List and be sold under the approved denomination or synonym. There are also packaging and labelling requirements. The National varietal List shall include a list of such specific varieties or all varieties of such kinds of plants as may be prescribed and varieties included in varietal list kept under the Plant Improvement Act, 1976. the Act sets out the criteria that apply to a variety in order to be eligible for national listing. An applicant for national listing must, subject to the approval of the Registrar, propose a denomination that complies with the prescribed requirements. The Registrar must, in order to enable him or her to determine whether a variety in respect of which an application has been accepted, is distinct, uniform and stable undertake or cause to be undertaken such tests and trials as may be necessary or rely on tests and trials obtained from the appropriate authority in another country. The Registrar may, in cases where the value for cultivation and use of a variety is doubtful, evaluate that variety in the prescribed manner in order to determine its value. Premises must be regularly inspected in the prescribed manner during the period of registration.
Plants or propagating material of a kind of plant declared in terms of this Act, may only be imported into South Africa— (a) in compliance with all relevant legislation for the consignment concerned; (b) if the importer has a certificate of registration in respect of a business and premises contemplated in section 12, unless exempted; (c) if the plants or propagating material— (i) is of a variety and denomination which is listed in the national varietal list or the regional varietal list; (ii) complies with the prescribed requirements; (iii) is packed or pre-packed in a container which is sealed and branded, marked or labelled in the prescribed manner with the prescribed information; and (iv) is imported through a prescribed port of entry or such other place as the registrar may determine. Any person who intends to export plants or propagating material of a kind of plant declared in terms of this Act, must have a certificate of registration of the business and premises and materials must comply with the prescribed minimum requirements.
The Minister may establish a scheme for the certification of plants and propagating material of the kinds of plants referred to in the notice. Different schemes may be established for plants and propagating material of different kinds of plants, and the requirements for different kinds and varieties of plants and propagating material in a scheme may differ. A scheme may be proposed by private entities. A committee to be known as the Plant Improvement Advisory Committee may be established. One of the members shall be a person to represent indigenous interests in respect of plant varieties and the source, use and impacts of plant varieties.
Attached files
Web site
Long title of text
An Act to provide for— the registration of certain types of business relating to plants and propagating material intended for cultivation and sale and the registration of premises on or from which that business is conducted; quality standards for plants and propagating material intended for cultivation and sale and conditions of sale of plants and propagating material; a system for national listing of plant varieties; the evaluation of plant varieties in order to ensure value if there is doubt in respect of the value for cultivation and use of plant varieties intended for cultivation and sale; import and export control of plants and propagating material; and a system for different types of schemes for plants and propagating material; and to provide for matters connected therewith.
Date of text
Repealed
No
Serial Imprint
Government Gazette No. 42348 of 29 March 2019.
Source language
English
Legislation Amendment
No
Repeals