Plant Improvement Act, 2018 (Act No. 11 of 2018)Chapter 3 : Registration of Business and Premises23. Exemptions regarding certain plants and propagating material |
| (1) | This Act does not apply to— |
| (a) | propagating material intended for purposes other than the cultivation thereof; |
| (b) | the cleaning and conditioning of propagating material for private and non-commercial purposes by the producer thereof for own use; |
| (c) | the sale of propagating material by the producer thereof to the person in whose name the certificate of registration in respect to a premises was issued: |
Provided that—
| (i) | in the case of propagating material certified under a scheme, the containers of the material must be sealed and labelled or marked in accordance with the provisions of the scheme; and |
| (ii) | in the case of propagating material not certified under a scheme, the name and address of the producer, the kind of plant and the denomination of the variety concerned must be clearly and legibly marked on the container thereof or on a label attached thereto or on an accompanying invoice; or |
| (2) | For the purposes of subsection (1)(d), ‘‘non-commercial variety’’— |
| (a) | means an unprotected variety of any kind of plant regulated by this Act that is available for cultivation and sale on such non-commercial scale as may be prescribed; and |
| (b) | in the case of any kind of plant of which seeds are regulated by this Act, means any open-pollinated variety of that kind of plant. |