Plant Improvement Act, 2018 (Act No. 11 of 2018)Chapter 17 : General Provisions57. Publication or distribution of false or misleading advertisements |
| (1) |
| (a) | A person must not publish, distribute, cause or permit to be published or distributed, any false or misleading advertisement concerning plants, propagating material or premises. |
| (b) | For the purposes of this section, ‘‘advertisement’’ means any written, illustrated, visual or other descriptive material or verbal statement, communication, representation or reference brought to the attention of a member of the public and which is intended to promote the sale of plants or propagating material or encourage the use thereof or is intended to offer the services of a laboratory or designated authority. |
| (2) | It is a defence for any person, other than the person selling the plants or propagating material to which the false or misleading advertisement relates, who is charged with a contravention of subsection (1), if he or she proves to the satisfaction of the court that he or she did not know and could not reasonably be expected to have known that the advertisement was false or misleading in any respect, unless it is proved that the accused failed on demand by the registrar or a police official to furnish the name and address of the person at whose instance the advertisement was published or distributed. |