Plant Improvement Act, 2018 (Act No. 11 of 2018)

Regulations

Regulations made in terms of the Plant Improvement Act, 2018

Chapter IV: Conditions for Sale of Plants and Propagating Material

25. Certification of seed for certain varieties required

Purchase cart Previous page Return to chapter overview Next page

 

(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).