Plant Improvement Act, 2018 (Act No. 11 of 2018)RegulationsRegulations made in terms of the Plant Improvement Act, 2018Chapter II: Application of Regulations6. Exempted types of business |
| (1) | The following types of business are exempted from registration in terms of section 19 of the Act: |
| (a) | import and export of plants or propagating material by agents that only take care of documentation and the clearing processes of consignments on behalf of importers or exporters, provided that the agents themselves are not involved in the sale of plants and propagating material; |
| (b) | selling of seed limited to non-commercial varieties contemplated in section 23(1)(d) of !he Act and in accordance with the limitations specified in Table 3, subject to the provisions of regulation 5(3); |
| (c) | running of a nursery where— |
| (i) | only seedlings of the kinds of plants of which the seed is regulated in terms of this Act are grown and/or sold, except for Cannabis sativa (hemp); and |
| (ii) | only plants and propagating material of non-commercial varieties contemplated in section 23(1)(d) of the Act and subject to the provisions of regulation 5(4) are grown and/or sold; |
| (d) | the following multiplication/conservation facillties: |
| (i) | in vitro or tissue culture facility; |
| (ii) | genebank (seedbank and/or field genebank); |
| (e) | the following laboratories:— |
| (i) | analytical laboratory conducting analytical services relating to chemical compounds in plant material; |
| (ii) | molecular laboratory performing any type of genetic analysis or varietal identity on plant material |
| (2) | Notwithstanding the provisions of subregulation (1)(b) to (d), an application for registration may be submitted if required by the person or in order for the business to comply with a certification scheme contemplated in section 45 of the Act or a type of national, regional or international certification. |
| (3) | The exemption for registration of a business shall not apply to any type of business relating to Cannabis sativa (hemp), except for multiplication facilities referred to in subregulation (1)(d) that are not multiplying for the purpose of selling plants or propagating material and laboratories referred to in subregulation (1)(e). |