Plant Improvement Act, 2018 (Act No. 11 of 2018)RegulationsRegulations made in terms of the Plant Improvement Act, 2018Chapter III: Registration of Business and Premises20. Requirements for the business of running a nursery and other multiplication facilities |
| (1) | The type of business for a nursery or other multiplication facility stipulated in section 9(1)(d) of the Act, may be registered if the owner and person in direct control or responsible official, as applicable— |
| (a) | have a sound knowledge and understanding of the requirements of the Act, the facilities and practices for operating such a facility; |
| (b) | have available premises or access to premises to conduct the business in respect of the kinds of plants or crop groups indicated on the application form; and |
| (c) | in the case of hemp, ensure compliance with hemp permit requirements and only buy from or sell to people in possession of a valid hemp permit. |
| (2) | Notwithstanding the exemption for registration of the multiplication or conservation facilities referred to in regulation 6(1), an application for the business and premises of such facility may be submitted, provided the respective conditions in these regulations are complied with. |
| (3) | Premises on which the business of a nursery is conducted may be registered and the registration thereof renewed if— |
| (a) | the premises concerned is kept free from volunteer plants and effective weed control is applied; |
| (b) | plants are cultivated in such a manner at the premises concerned that— |
| (i) | they are protected against damage or contamination by pests; |
| (ii) | different kinds of plants and varieties of plants are kept in separate groups so that access to each group can be readify obtained and, where required, ensure controlled access to plants; |
| (iii) | different kinds of plants and varieties of plants are identified by means of suitable and clearly legible name boards or labels in accordance with regulation 47; and |
| (iv) | in the case of plants and propagating material which are certified, the requirements relating to the keeping and storage thereof as determined in the scheme concerned, are complied with; |
| (c) | the place where plants are sold on the premises concerned— |
| (i) | has efficient lighting so that any marks, printing or writing on containers of plants or on labels attached to plants or containers may readily be read; and |
| (ii) | is kept in an orderly, tidy and clean condition at all times; |
| (d) | plants that are kept for sale or, in the case where such plants are packed in bundles, each separate bundle is provided with a label on which the information referred to in subregulations (1) and (2) of regulation 47 is indicated; |
| (e) | the plants comply with the requirements stipulated in regulation 46; |
| (f) | in the case of hemp, ensure that each buyer of hemp plants or seedlings is in possession of a valid hemp permit for the purpose the plants are bought and furnish the buyer or carrier with a transport declaration while retaining a copy thereof; and |
| (g) | the person in direct control of the premises has knowledge and understanding of the requirements of the Act, the facilities, equipment and practices for operation of such activities. |
| (4) | Premises on which the business of a multiplication or conservation facility referred to in regulation 6(d) is conducted, may be registered and the registration thereof renewed if— |
| (a) | the available facilities and equipment at the premises concerned are adequate and sufficient to ensure the satisfactory conducting of the multiplication or conservation service relating to the kinds of plants and varieties which are handled there; |
| (b) | the identity of all samples and accessions introduced and handled/conserved are maintained throughout the various processes; |
| (c) | documentation of data and information about the material, including passport data and source information are recorded; |
| (d) | the relevant protocols and operational procedures are in place; |
| (e) | the responsible official of the technical operations at the premises is in possession of the relevant qualifications required for the operation of such facility; and |
| (f) | the person in paragraph (e) has sufficient knowledge and understanding of the requirements of the Act, the facilities, equipment and practices for conducting the operations at the premises. |
| (5) | When the person in direct control or responsible official referred to in subregulations (3)(g) and (4)(e) of the premises or operations as applicable is replaced, the registration of the premises will only be renewed if the new person complies with the requirements stipulated in the respective subregulations. |