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Plant Improvement Act.

Country/Territory
South Africa
Document type
Legislation
Date
1976 (1996)
Source
FAO, FAOLEX
Original source
Official publication, pp. 1799(351-378).
Long title
An Act to provide for the registration of premises from which the sale of certain plants or the cleansing, packing, and sale of certain propagating material may be undertaken; to prescribe the conditions subject to which such plants or propagating material may be sold for purposes of cultivation; to provide for the recognition of certain varieties of plants; for a system of certification of plants and propagating material with the object of maintaining the quality of certain plants and propagating material with the abject of maintaining the quality of certain plants and propagating material, and ensuring the usefulness of the products thereof for agricultural and industrial purposes; and for the control of the import and export of certain plants and propagating material; and to provide for incidental matters.
Subject
Cultivated plants
Keyword
Plant production Planting material/seeds Plant variety Breeders' rights/farmers' rights Registration Certification International trade Authorization/permit Intellectual property rights/patents
Geographical area
Africa, South Atlantic, Southern Africa
Abstract

Section 1 defines, inter-alia, "business", "certified", "cleansing", and "variety". The Act shall apply to plants notified by the Minister in the Official Gazette (sect. 2). The Minister shall designate a Registrar of Plant Improvement under section 3. Sale of plants or cultivation of plants for sale (here defined as "business") shall only be carried out in registered premises (sect. 7). Sections 8 to 12 provide for procedures of registration and other matters relating to registration. Section 13 prescribed requirements relating to the sale of plants and propagating material. The Registrar shall keep a list in which denominations of varieties shall be entered ("varietal list") (sect. 15). Under section 16, an application for the recognition of a variety can be made and section 17 lists requirements for such recognition. Sections 18 to 20 provide for decision-making regarding recognition of a variety. The usefulness of a variety for agricultural or industrial purposes may be assessed by the Minister under section 21. The Minister can also establish certification schemes with the object of maintaining quality of plants and propagating material. He may also designate an authority and take other measures indicated in section 24 for purposes of carrying out the scheme. Section 26 regulates the importation of plants and propagating material, whereas section 27 contains rules relating to exportation. Remaining sections provide for control and regulation making powers of the minister, prescribe offences, etc. (43 sections)

Full text
English

References - Legislation

Implemented by

Regulations relating to establishments, varieties, plants and propagating material.

Legislation | South Africa | 1980 (2000)

Keyword: Plant production, Planting material/seeds, Plant variety, Breeders' rights/farmers' rights, Registration, Certification, Packaging/labelling, International trade, Authorization/permit, Intellectual property rights/patents

Source: FAO, FAOLEX

South African Seed Potato Certification Scheme.

Legislation | South Africa | 1998 (2010)

Keyword: Plant production, Plant protection, Plant variety, Vegetables/legumes, Planting material/seeds, Certification, Registration, Institution, International trade, Inspection, Data collection/reporting, Packaging/labelling

Source: FAO, FAOLEX

Plant Improvement Act: Regulations relating to the application of Act (No. R. 1901 of 1986).

Legislation | South Africa | 1986

Keyword: Plant production, Planting material/seeds, Plant variety, Breeders' rights/farmers' rights, Registration, Certification, International trade, Authorization/permit, Intellectual property rights/patents

Source: FAO, FAOLEX

Amended by

Agricultural Pests Act (No. 36).

Legislation | South Africa | 1983 (1992)

Keyword: Basic legislation, Plant protection, Pests/diseases, Plant production, Quarantine, International trade, Inspection, Authorization/permit, Offences/penalties

Source: FAO, FAOLEX

Repealed by

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

Legislation | South Africa | 2019

Keyword: Basic legislation, Plant production, Planting material/seeds, Plant variety, Breeders' rights/farmers' rights, Registration, Certification, International trade, Authorization/permit, Intellectual property rights/patents

Source: FAO, FAOLEX