Plant Improvement Act, 2018 (Act No. 11 of 2018)RegulationsRegulations made in terms of the Plant Improvement Act, 2018Chapter III: Registration of Business and Premises22. Requirements for the business of running a laboratory |
| (1) | The type of business relating to the running of a laboratory stipulated in section 9(1)(e) of the Act, may be registered if the owner and person in direct control, 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; |
| (c) | employ a suitably qualified person who is in possession of the necessary qualifications, as responsible official of the technical operations at such laboratory; and |
| (d) | immediately notify the Registrar in terms of regulation 13 as soon as the services of such person is no longer available. |
| (2) | Any premises on which the business of a laboratory is conducted, may be registered and the registration thereof renewed if— |
| (a) | the place where samples of plants and propagating material are stored, tested, examined or analysed on the premises concerned— |
| (i) | is an enclosed structure with a solid floor; |
| (ii) | has efficient lighting so that any marks, printing or writing on containers of samples or on labels attached to such samples may readily be read, and that observations in connection with the tests, examinations or analyses concerned may readily be made; and |
| (iii) | is kept in an orderly, tidy and clean condition at all times; |
| (b) | the available facilities and equipment at the premises concerned are adequate and sufficient to ensure that the tests, examinations and analyses referred to in subregulation (3), of samples of the kinds of plants and propagating material referred to in that subregulatlon can be performed properly; and |
| (c) | a quality management system is in place and a quality manual available. |
| (3) | The testing, examination or analysis of samples of plants and propagating material at a laboratory registered in terms of section 12 of the Act, shall— |
| (a) | be restricted to samples of those kinds or plants and propagating material, and to those kinds of examinations, tests and analyses which are specified in the certificate of registration mentioned in respect thereof; and |
| (b) | be performed in accordance with such validated methods as the registrar may determine. |
| (4) | The registrar may require the owner or responsible person of a laboratory to carry out referee or proficiency tests with samples of plants and propagating material with such instructions as the registrar may issue. |
| (5) | The owner or responsible official of a laboratory must furnish a report which complies with the requirements referred to in regulation 23, in connection with the testing, examination or analysis of each sample to the person who submitted that sample. |
| (6) | The owner or person in control of a laboratory must keep at that premises a quantity of each sample which was tested, examined or analysed there, and which is sufficient to repeat that test, examination or analysis when so required— |
| (a) | in the case of plant material other than seed for a period of at least three months after the test, examination or analysis concerned has been completed, and stored under conditions in which the samples concerned will not be destroyed or affected by any organism; and |
| (b) | in the case of seed for a period of at least 12 months after the test, examination or analysis concerned has been completed, and stored under conditions in which the seed will retain its potential to germinate. |
| (7) | The responsible person of the technical operations at the premises is in possession of the relevant qualifications and has sufficient knowledge and understanding of the requirements of the Act, the facilities, equipment and practices for conducting the operations at the premises and has successfully completed an evaluation conducted by an inspector from the Department to confirm his knowledge. |
| (8) | When the person in direct control or responsible person referred to in subregulatlon (1)(c) of the premises or operations is replaced, the registration of the premises will only be renewed if the new person complies with the requirements stipulated in the subregulation (7). |