Plant Improvement Act, 1976 (Act No. 53 of 1976) 1. Definitions

 

In this Act , unless the context indicates otherwise—

 

"advertise"

means to distribute to members of the public or to bring to their notice in any manner whatsoever any written, illustrated, visual or other descriptive material, oral statement, communication, representation or reference with the intention to promote  the sale of any plant or propagating material, or to encourage the use thereof or to draw attention to the nature, properties, advantages or uses thereof or to the manner in which or the conditions on which it may be purchased or otherwise be acquired;

 

"authorised person"

means a person (other than an officer) authorised in terms of section 3(3)(a);

[Definition inserted by section 1(a) of Act No. 39 of 1983]

 

"board"

means the board referred to in section 32;

 

"business"

means the business of—

[Paragraph (a) substituted by section 1(a) of Act No. 25 of 1996]

[Paragraph(bA) inserted by section 1(b) of Act No. 25 of 1996]

[Paragraph (e) substituted by  section 1(c) of Act No. 25 of 1996]

[Definition substituted by section 1(c) of Act No. 39 of 1983]

 

"calendar year"

means a year from 1 January to 31 December;

[Definition inserted by section 1(b) of Act No. 39 of 1983]

 

"certified"

means certified in terms of a scheme;

 

"cleansing"

means the treatment or processing of propagating material, either manually or mechanically, in order to improve the general quality thereof;

 

"cultivate"

means grow plants and care for plants with a view to the propagation or multiplication of plants or propagating material; and "cultivation" has a corresponding meaning;

[Definition substituted by section 1(d) of Act No. 25 of 1996]

 

"denomination"

in relation to a variety entered in the varietal list, means the generic name for that variety;

 

"department"

means the Department of Agriculture;

[Definition substituted by section 1(d) of Act No. 39 of 1983]

 

"establishment"

[Definition deleted by section 1(e) of Act No. 25 of 1996]

 

"import"

means import into the Republic by any means; and "importation" has a corresponding meaning;

[Definition inserted by section 1(c) of Act No. 17 of 1991]

 

"kind of plant"

means all related genera, species or subspecies of a plant which are known by the same common name;

 

"Minister"

means the Minister of Agriculture;

 

"nursery"

[Definition deleted by section 1(f) of Act No. 25 of 1996]

 

"officer"

means an officer or employee as defined in section 1 of the Public Service Act, 1984 (Act No. 111 of 1984);

[Definition substituted by section 1(d) of Act No. 17 of 1991]

 

"owner or occupier"

in relation to premises, means the person who is the owner or lessee of the premises or who otherwise has the right of management, care, control or use thereof;

[Definition substituted by section 1(g) of Act No. 25 of 1996]

 

"pack"

means pack or cause to be packed for sale;

 

"plant"

includes any part of a plant;

[Definition substituted by section 1(h) of Act No. 25 of 1996]

 

"prepack"

means to pack propagating material which complies with the prescribed requirements, in the mass or quantity prescribed in respect thereof, 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; and "prepackaging" has a corresponding meaning;

 

"prescribed"

means prescribed by regulation;

 

"propagating material"

means any material of a plant that can be used for the propagation of a plant;

[Definition substituted by section 1(i) of Act No. 25 of 1996]

 

"register"

[Definition deleted by section 1(h) of Act No. 39 of 1983]

 

"registrar"

means the officer designated under section 3 as Registrar of Plant Improvement;

[Definition substituted by section 1(i) of Act No. 39 of 1983]

 

"regulation"

means a regulation made under this Act;

 

"scheme"

means a scheme established in terms of section 23;

 

"sell"

includes agree to sell, or to offer, advertise, prepare, keep, expose, transmit, send, convey or deliver for sale, or to exchange or to dispose of in any manner for a consideration; and "sold" and "sale" have corresponding meanings;

[Definition substituted by section 1(j) of Act No. 25 of 1996]

 

"test laboratory"

means a laboratory where plants and propagating material are tested, examined or analysed in respect of any physical or biological property thereof or the occurrence thereon or therein of pathogens or insects, for reward;

[Definition substituted by section 1(e) of Act No. 17 of 1991]

 

"this Act"

includes the regulations;

 

"unit"

means an area of land which is registered in terms of a scheme for the cultivation of plants and propagating material of the kinds and varieties to which the scheme applies;

[Definition substituted by section 1(f) of Act No. 17 of 1991]

 

"varietal list"

means the list kept in terms of section 15;

 

"variety"

means any plant grouping within a single botanical taxon of the lowest known classification, which grouping can be—

[Definition substituted by section 1(k) of Act No. 25 of 1996]