Plant Improvement Act, 2018 (Act No. 11 of 2018)Chapter 3 : Registration of Business and Premises22. 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. |