Plant Improvement Act, 2018 (Act No. 11 of 2018)RegulationsRegulations made in terms of the Plant Improvement Act, 2018Chapter IV: Conditions for Sale of Plants and Propagating Material25. Certification of seed for certain varieties required |
(1) | Any variety that has been approved for national listing which requires compulsory certification in terms of a Scheme established in terms of section 45 of the Act to maintain varietal integrity during multiplication, may be submitted for inclusion in Table 5. |
(2) | The seed of a variety referred to in subregulation (1) may, from the date specified in column 3 of Table 5 opposite the said variety, only be sold if that seed is certified. |
(3) | The applicant for national listing of a variety referred to in subregulation (1) or his agent, may apply for inclusion of the denomination of the variety in question in Table 5 through the designated authority of the scheme in question on the forms available from that authority. |
(4) | The Registrar must consider the application for inclusion in Table 5 received from the designated authority and submit a recommendation to the Minister for consideration within 30 days from receiving the request. |
(5) | The Registrar must notify the designated authority in writing within 30 days of receiving the decision from the Minister and publish a notice in the Gazette if the Minister approved the inclusion of the varieties. |
(6) | The denomination of a variety included in Table 5 may be removed and the requirement for compulsory certification terminated upon request from the applicant or his agent referred to in subregulation (3) through the designated authority to the Registrar. |
(7) | Upon receiving a request for removal of a variety denomination from Table 5, the Registrar must submit a recommendation to the Minister for consideration in accordance with the procedure stipulated in subregulations (4) and (5). |