Plant Improvement Act, 1976 (Act No. 53 of 1976)NoticesSouth African Seed Potato Certification Scheme31. Withdrawal of certification |
| (1) | The authority may at any time withdraw the certification of seed potatoes if— |
| (a) | the seed potatoes are not true to variety; |
| (b) | information has come to light which, if it came to light earlier, would have resulted in the certification being refused; or |
| (c) | any provision of this Scheme with regard to seed potatoes has not been complied with. |
| (2) | Prior to issuing a notice as contemplated in subsection (5), the authority must notify the grower in writing of the authority's intention to withdraw the certification and the reasons for such intended withdrawal. |
| (3) | The grower may furnish reasons as to why the certification should not be withdrawn, provided that such reasons must be furnished in writing and within 14 days after receipt by the grower of the authority's notification of intention to withdraw the certification. |
| (4) | The authority shall, after considering reasons furnished by the grower in terms of subsection (3) and still being convinced that certification must be withdrawn, notify the grower in writing of the decision to withdraw the certification. |
| (5) | A grower who has been notified of the withdrawal of the certification of the seed potatoes must forthwith— |
| (a) | remove the labels referred to in sections 26(1) and 29(4) from the containers of seed potatoes in respect of which certification has been withdrawn and is still in his or her possession; |
| (b) | notify each person to whom a quantity of the seed potatoes concerned has been delivered, in writing of the withdrawal of the certification thereof, and request each such person in writing to remove such labels from the containers of seed potatoes concerned; and |
| (c) | furnish the authority with a copy of each such notice issued by him. |
| (6) | The authority may by notice in the Government Gazette make known the relevant particulars of the withdrawal of the certification of the seed potatoes and the name and address of the grower affected thereby. |