Plant Improvement Amendment Act

1. Section 1 of the Plant Improvement Act, 1976 (hereinafter referred to as the 5 principal Act). is hereby amended- ( a) by the substitution for paragraph (a) of the definition of "business" of the following paragraph: "(a) [a nursery) the sale of plants;"; (b) by the insertion after paragraph (a) of the definition of "business" of the 10 following paragraph: "(bA) the cultivation of plants for salej "; (c) by the substitution for paragraph (e) of the definition of "business" of the following paragraph: "(e) the running of a test laboratory;"; 15 (d) by the substitution for the definition of "cultivate" of the following definition: " 'cultivate• [in relation to plants and propagating material] means [promote or stimulate the growth of a plant, or care for propagating material] grow plants and care for plants with a view to the propagation or multiplication of plants or propagating material; and 'cultivation' has 20 a corresponding meaning;"; 4 No. 17141 Act No. 25, 1996 GOVERNMENT GAZETTE, 19APRIL 1996 PLANT IMPROVEMENT AMENDMENT ACT, 1996 (e) by the deletion of the definition of "establishment"; (f) by the deletion of the definition of "nursery"; (g) by the substitution for the definition of "owner or occupier" of the following definition: " 'owner or occupier', in relation to [an establishment] premises, 5 means the person who is the owner or lessee of the [establishment] premises or who otherwise has the right of management, care, control or use thereof;"; (h) by the substitution for the definition of "plant" of the following definition: " 'plant' includes any part of a plant;"; 10 (i) by the substitution for the definition of "propagating material" of the following definition: " 'propagaling material' means any material of a plant that can be used for the propagation of a plant;"; (j) by the substitution for the definition of "sell" of the following definition: 15 " 'sell' includes agree to sell, or to offer, advertise, prepare, keep, expose, transmit, send, convey or deliver for sale, or to exchange or to dispose of [to any person] in any manner for a consideration; and 'sold' and 'sale' have corresponding meanings;"; and (k) by the substitution for the definition of "variety" of the following definition: 20 " 'variety' means [any cultivar, clone, breeding line or hybrid of a kind of plant which can be cultivated] an rou in within a single botanical taxon of the lowest known classification, which grouping can be- l a) defined by the expression of the characteristics resulting from a 25 !ant given genotype or combination of genotypes; (b) distinguished from any other plant grouping by the expression of at least one of the said characteristics; and (c) considered as a unit with regard to its suitability for being propagated unchanged.". 30 Substitution of section 6 of Act 53 of 1976, as substituted by section 3 of Act 10 of 1979

2. The following section is hereby substituted for section 6 of the principal Act: "Prohibition of conducting of business on unregistered premises

6. Business shall only be conducted on premises which have been 35 registered in terrns of this Act or which are exempt from the provisions of this section in terrns of section 10.". Amendment of section 7 of Act 53 of 1976, as amended by section 4 of Act 10 of 1979, section 5 of Act 39 of 1983 and section 2 of Act 17 of 1991

3. Section 7 of the principal Act is hereby amended- (a) by the substitution for subsection (1) of the following subsection: 40 "(I).(!!! An application for the registration of any premises in respect of a business under this Act shall be made to the registrar in the prescribed manner by the person intending to conduct the business on such premises, [in the form determined by the registrar and in the 45 manner prescribed] and shall be accompanied by the prescribed application fee [prescribed]. (b) The prescribed application fee may differ in respect of different classes of applications."; (b) by the substitution for subsections (3) and (4) of the following subsections, 50 respectively: "(3) The re istrar shall re ister remises and issue a certificate of registration in respect thereof if- 6 No. 17141 Act No. 25, 1996 GOVERNMENTGAZE1TE,I9APRIL 1996 PLANT IMPROVEMENT AMENDMENT ACf, 1996 (a) (b) (c) (d) the premises comply with the prescribed requirements; the practices to be employed in the business in question comply with the prescribed requirements; the prescribed facilities for the business in question are available at the premises; and the person in direct control of the premises has sufficient knowledge of the practices to be employed in the business. ( 4) The registrar may refuse to register premises if- 5 ( a) (b) (c) the owner or occupier has been found guilty of an offence under this Act or has been sequestrated or liquidated whilst conducting any 10 business; or the applicant has been found guilty of an offence under this Act or has been sequestrated or liquidated whilst conducting any business; or the applicant is or was a director, functionary or member of a juristic 15 person which was found guilty of an offence under this Act or was liquidated whilst conducting any business."; and (c) by the insertion after subsection (4) of the following subsection: "( 4A) The registrar may make the registration of premises subject to such conditions as may be necessary.". 20 Amendment of section 8 of Act 53 of 1976, as substituted by section 6 of Act 39 of 1983

4. Section 8 of the principal Act is hereby amended- (a) by the substitution for section (I) of the following subsection: "(I) The registration of [an establishment) premises shall, subject to 25 earlier termination under this Act, be valid for a period of two years from the date of issue of the certificate of registration under section 7(3) [to 31 August of the first calendar year the date of which is expressed in an odd number and following on such date of issue) and shall be renewable."; and (b) by the deletion of subsection (2). 30 Amendment of section 9 of Act 53 of 1976, as amended by section 5 of Act 10 of 1979, section 7 of Act 39 of 1983 and section 3 of Act 17 of 1991

5. Section 9 of the principal Act is hereby amended- ( a) by the substitution for subsection (I) of the following subsection: 35 "(I) ~The person to whom a certificate of registration has been issued under section 7(3) may, till 30 days after the expiry of the registration but not later, apply to the registrar [in the form determined by the registrar and] in the prescribed manner [prescribed] for the renewal of the registration, and the application shall be accompanied by 40 the prescribed renewal fee and such information or documents as may be prescribed or required by the registrar. ( b I The prescribed renewal fee may differ in respect of different classes of renewal applications."; (b) by the substitution in subsection (2) for the words preceding paragraph (a) of 45 the following words: "The registrar may renew the registration if [he is satisfied) the provisions of paragraphs (a) to (d) of section 7(3) are still being complied with, and if-"; {c) by the deletion of paragraphs (a), (b), (c) and (d) of subsection (2); (d) by the substitution for paragraphs (e) and (f) of subsection (2) of the following 50 paragraphs, respectively: "(e) [that] the prescribed records regarding the plants or propagating material handled at the [establishment] premises are being kept for the period and in the manner prescribed, and [that) such informa- 55 tion in connection therewith as [he] the registrar may require has been furnished to him or her; and 8 No. 17141 GOVERNMENT GAZETIE, 19 APRIL 1996 Act No. 25, 1996 PLANT IMPROVEMENT AMENDMENT ACf, 1996 (j) [that] any condition contemplated in section [7(4) or any decision or direction under section 25] 7( 4A) has been complied with."; (e) by the substitution for subsections (3), (4) and (5) of the following subsections, respectively: "(3) The registrar may renew the registration of [an establishment] premises subject to such conditions as he or she may in each case determine. - - 5 (4) If the registrar renews the registration of [an establishment] premises he or she shall notify the person who applied for such renewal in writing thereof, and may, if he or she deems it necessary, issue a fresh 10 certificate ofregistration in respect thereof. (5) The renewal of the registration of [an establishment] premises shall, subject to earlier termination under this Act, be valid [until 31 August of the first calendar year the date of which is expressed in an odd number and following the year in which the renewal is effected] 15 for a period of two years and an application for the further renewal thereof shall be made biennially in accordance with the provisions of subsection (I)."; (j) by the insertion after subsection (5) of the following subsection: "(6) The registrar may refuse to renew the registration if any of the 20 provisions of section 7( 4) apply."; and (g) by the substitution for subsection (7) of the following subsection: "(7) If the registrar refuses an application for the renewal of the registration of [an establishment] premises he or she shall advise the person who applied for the renewal in writing of his or her decision and 25 of the grounds on which it is based.". - - Substitution of section 10 of Act 53 of 1976, as substituted by section 6 of Act 10 of 1979

6. The following section is hereby substituted for section I 0 of the principal Act: "Exemption from registration 30 10. ill The Minister may by notice in the Gazette and on such conditions as he or she may specify in the notice, exempt any premises from the provisions of section 6 in respect of any [business conducted on particular premises or any] kind of business. (2) The registrar may on application and subject to the conditions 35 determined by him or her, exempt any premises from the provisions of section 6. ". Substitution of section 11 of Act 53 of 1976

7. The following section is hereby substituted for section 11 of the principal Act: "Termination of registration 40 45 11. (1) The registrar may at any time terminate the registration of [an establishment] premises or refuse to renew the registration of premises if [he is satisfied that a requirement referred to in section 9(2) or a condition determined under section 7(4} or 9(3) has not been complied with]- a a condition of or are uirement for there istration of remises in terms of section 7 or the renewal of registration in terms of section 9 has not been complied with; or the person who applied for the registration or renewal, or the owner or occupier of the premises, has been found guilty of an offence under 50 this Act. (b) (2) If the registrar terminates the registration of [an establishment] premises or refuses to renew the registration of premises in terms of this section, he or she shall in writing advise the person to whom the certificate 10 No. 17141 GOVERNMENTGAZE1TE, 19 APRIL 1996 Act No. 25, 1996 PLANT IMPROVEMENT AMENDMENT ACT, 1996 of registration in respect thereof was issued of his or her decision and of the grounds on which it is based.". - - Substitution of section 12 of Act 53 of 1976, as amended by section 7 of Act 10 of 1979 and section 8 of Act 39 of 1983

8. The following section is hereby substituted for section 12 of the principal Act: 5 "Display, lapsing and return of certificate of registration 12. (I) The owner or occupier of [an establishment] premises shall cause the certificate of registration issued in respect thereof to be displayed at all times in a prominent position at or near the main entrance to the [establishment] premises. 10 (2) The registration of [an establishment] premises shall lapse- ( a) (b) (c) if the person to whom the certificate of registration in respect thereof was issued ceases to be the owner or occupier of the [establishment] premises; if the premises in question cease to be used for the [purposes of an 15 establishment] conduct of the business for which it was registered; or if an application for the renewal thereof is not received by the registrar within 30 days of the date of expiry thereof. (3) (a) If a person to whom a certificate of registration in respect of [an establishment] premises has been issued dies or is declared by any court to 20 be incapable of managing his or her own affairs or a prodigal or becomes a patient as defined in section I of the Mental Health Act, 1973 (Act No. 18 of 1973), or if the estate of such a person is sequestrated or if such a person is liquidated, the executor, curator, [or] trustee or liquidator of such person, as the case may be, may, subject to any law relating to deceased estates, 25 mental health, [or] insolvency, during the currency of the certificate of registration and without formal transfer of the certificate, [operate the establishment] conduct the business in question on such premises either personally or by an agent approved by the registrar in writing. (b) For the period pending the appointment of such executor, curator, 30 [or] trustee or liquidator, the person managing the affairs of the person concerned shall, for the purposes of this subsection, be deem bed to be his or her executor, curator, [or] trustee or liquidator, as the case may be. - (4) When the registration of [an establishment] premises has been terminated under section II or has lapsed in terms of subsection (2} of this 35 section, the relevant certificate of registration shall be returned within the prescribed period to the registrar by the person to whom it was issued.". Substitution of section 13 of Act 53 of 1976, as amended by section 8 of Act 10 of 1979

9. Th~ following section is hereby substituted for section 13 of the principal Act: 40 "Requirements relating to sale of plants and propagating material

13. I Plants and ro aoatin material shall on! be sold for u ses of cultivation-· (a) if the plants and propagating material are of a variety which is entered in the varietal list; 45 (b) under the denomination entered in respect thereof in the varietal list; if no qualifying term or reference is added to or used in connection (c) with the denomination referred to in paragraph (b); 12 No.l7141 Act No. 25, 19% GOVERNMENTGAZEITE,I9APRIL 1996 PLANT IMPROVEMENT AMENDMENT ACf, 1996 (d) (e) • • if the plant or propagating material, as the case may be, complies with the requirements prescribed in respect thereof; and if, in the case of- (i) propagating material, the material is prepackaged or is packed in containers which comply with the prescribed requirements and are sealed and branded, marked or labelled in the prescribed manner with the prescribed information; or (ii) a plant, the prescribed information appears on a label affixed to the· plant or on the container in which the plant grows or is packed. 5 10 • (2) The registrar may, on good cause shown in writing, give written exemption from compliance with one or more of the requirements referred to in subsection (I) subject to such conditions as he or she may in each case determine.". Amendment of section 14 of Act 53 of 1976, as amended by section 4 of Act 17 of 15 1991 . . " .

10. Section 14 of the principal Act is hereby amended- • (a) by the deletion of the proviso to paragraph (b); and (b) by the substitution in paragraph (c) for the words preceding the proviso of the following words: . · "to the sale of propagating material by the producer thereof to the owner or occupier of a registered [establishment] premises".· Substitution of section 15 of Act 53 of 1976, as amended by_ section 9 of Act 39 of 1983 and section 5 of Act 17 of 1991 1l.'The following section is hereby substituted for section 15 of the principal Act: - ' ; "Varietal list '. 20 · 25 · 15. (I) The registrar shall keep a list in which shall be entered- : (a) the denomination [used in the Republic for a variety on the date on · which the kind of plant to· which such variety belongs became or becomes a kind of plant to which this Act applies] b which a 30 ·variety is generally known on the date on which the kind of plant to which the variety belongs, has been declared to be a kind of plant for · · the purposes of this Act in terms of section 2; or (b) (c) the denomination of a variety recognised in terms of section 20; or the denomination of a variety in respect of which a plant breeder's 35 right· has been [granted] registered in terms of the Plant Breeders' Rights Act, 1976 (Act No. 15 of 1976) [and in respect of which the holder of such right requests that it be entered in such list; and] or (d) [such other particulars regarding any variety referred to in paragraph (a), (b) or (c) as the registrar, subject to the provisions 40 of this Act, may deem necessary] the denomination by which a variety is known internationally;·· · - · (2) [A denomination referred to in subsection (1)- · ' - - · ' · · · · - (a) shall, in the case of a variety referred to in paragraph (a), be the .... , denomination by which the variety is generally known or, if the 45 . variety is generally known by more than one denomination, the denomination determined therefo-r by the registrar; (b) shall, in the case of a variety referred to in paragraph (b), be the _. denomination approved in respect thereof; and (c) shall, in the case of a variety referred toin paragraph (c), be the 50 denomination registered in respect thereofl The registrar may enter . in the varietal list such other particu Iars regarding a variety referred to , in subsection (I) as he or she may deem necessary. -- (3) Notwithstanding the provisions of subsection (1), the registrar may, independent of any_ specific variety or in addition to any variety entered in 55 14 No. 17141 Act No. 25, 1996 GOVERNMENTGAZElTE. 19 APRIL 1996 PLANT IMPROVEMENT AMENDMENT ACT, 1996 the list, include all the varieties or any further variety of any kind of plant in the varietal list. (4) If a variety is known by more than one denomination or by an unacceptable denomination, the registrar shall enter in the varietal list such denomination for the variety as may be determined by him or her. 5 (5) The varietal list kept in terms of section 8 of the Seeds Act, 1961 (Act No. 28 of 1961 ), shall be incorporated in and form part of the list kept under this section, and any document, information or other proof supplied 2! · furnished to the registrar under that Act in terms of any provision thereof, shall be deemed to have been supplied or furnished to the registrar under the · I 0 . corresponding provision of this Act. (6) The registrar shall [from time to time publish by. notice in the c Gazette the prescribed particulars regarding the varieties included in the varietal list] furnish to any person a copy of the varietal list on ., request.", · 15 Amendment of section 16 of Act 53 of 1976, as amended by section 7 of Act 17 of · · 1991

12. Section 16 of the principal Act is hereby amended- ( a) by the substitution for paragraph (a) of subsection (2) of the following . paragraph: · 20 "(a) shall be made to th'e registrar [in the form determined by the registrar and] in the prescribed manner [prescribed];"; (b), by the substitution for paragraph (c) of subsection (2) of the following paragraph: . . "(c) shall, in the case of a variety bred or discovered by a person other 25 than the applicant, be accompanied . [if so required by· the registrar] by the written [authority] authorisation of the breeder or discoverer."; and (c) by the addition of the following subsection: "(3) (a) The registrar may, on good cause shown by the applicant in 30 writing, give written exemption from compliance with the requirement referred to in subsection (2)(c). ·. (b) Neither the registrar nor the State shall be liable for any claim as a result of an exemption granted in terms of paragraph (a).". . Amendment of section 17 of Act 53 of 1976 35

13. Section 17 of the principal Act is hereby amended- ( a) . by the substitution for paragraphs (a), (b) and (c) of subsection (I) of the following paragraphs, respectively: .. , "(a) it is [by reason of any important characteristic] clearly distin ' ;. ' . •.' guishablefrom any other variety of the same kind of plant of which 40 the existence is a matter of common knowledge [whatever the origin, artificial or natural, of the initial variation from which it resulted may be] at the time of the filing of the application; (bf itis," [sufficiently homogeneous having regard to the particular features of the sexual reproduction or vegetative propagation 45 . thereof] subject to the variation that may be expected from the , , particular features of the propagation of the variety, sufficiently uniform with regard to the characteristics thereof; . (c) ·it is stable [with regard to the essential characteristics thereof and . remains. true to the description thereof after repeated 50 reproduction or propagation or, where the breeder has defined . a particular cycle of reproduction or multiplication, at the end · of each cycle] in that the characteristics of the variety remain · . · unchanged after repeated propagation or, in the case of a particular cycle of propagation, at the end of each such cycle; and"; 55 (b) by the substitution for subsection (2) of the following subsection: . "(2) A characteristic referred to in subsection (l)(a) [may be of a 16 No. 17141 Act No. 25, 1996 · GOVERNMENTGAZETJE, 19APRIL 1996 PLANT IMPROVEMENT AMENDMENT Acr, 1996 morphological or physiological or any other nature and] shall be of such a nature that it is clearly recognizable and [precisely] describable.". Amendment of section 18 of Act 53 of1976, as substituted by Section 11 of Act 39 of 19~ . . .· .·14. Section I 8 of the principal.Act is hereby amended- . · < (a) by. the substitution for subsection (2) of the following subsection: 5 . :. ~'(2)' The registrar shall, in order to enable him or her to determine whether a variety may be recognized- . (a) [either] undertake or cause to be undertaken such tests and trials as ; . : • · . ·he or she may deem necessary with a variety in respect of which an 10 . . . · · · application is being considered under subsection ( 1 ); 2!: (b) . [or] use the results of tests and trials undertaken with that variety and obtained by him or her in terms of an agreement referred to in . section 15A (a) [in order to enable him to determine whether such a variety may be 15 recognized].". (b) by the addition of the following subsections: " 5 a The Iication for the recognition of a variet is being considered shall furnish the registrar within I 2 months from the filing of the application with everything required by the registrar in terms 20 rson whose a · . of this section for the examination of the application for the recognition of a variety, including, where applicable-,-. (i) plants and propagating material for the undertaking of tests and trials; · (ii) any information, documents or other proof; and . : (iii) written undertakings or suitable guarantees for the reimbursement ~=~ (b)The date of the application shall be deemed to be the day on which the final requirements for the consideration. of the application are received by the registrar. . . 25 30 (6) (a) The registrar may in writing on application grant extension from compliance with subsection (5) for a specified period of time. • (b) An application for extension shall be submitted to the registrar in writing and shall set out reasons why extension should be granted." . . ·r: .-· Amendment of section 19 of Act 53 of 1976, as amended by section 12 of Act 39 of 35 1983 . . ' '15. Section I 9 of the principal Act is hereby amended by the addition of the word "or" at the end of paragraph (h) of subsection (I) and the addition to the said subsection of the foJiowing paragraph: "(i) that the provisions of section 18 have not been complied with at the filing of 40 the application.". . . . Substitution of section 20 of Act 53 of 1976, as amended by section 13 of Act 39 of 1983 '.

16. The foJiowing ·section is hereby sui:is.tituted for section 20 of the principal Act: ''Recognition of variety 45 . c.. . . · 20. (I) [If] Subject to the provisions of subsection (2), the registrar shall, · after considering an application in terms of section I 8 and examining the · ' . results'of any tests or trials conducted with [the]!! variety, [in question, is . : , of the opinion] recognize the variety and enter it in the varietal list if- . _(a) .. [that] the application conforms to the requirements of this Act; [and] 50 ... · (b) .. [that] the variety complies with the requirements· referred to in section ]~and . . (c) all moneys payable in terms of this Act in respect of the application ·. . have been paid . '. 18 No. 17141 Act No. 25, 1996 GOVERNMENT GAZETrn, 19 APRIL 1996 PLANT IMPROVEMENT AMENDMENT ACf, 1996 [he shall recognize the variety. and enter it. in the varietal list if all moneys payable in terms of this Act in respect of that application have been paid] . . .. : , .(2) [Notwithstanding the provisions of subsection (1)] The registrar may refuse to recognize a variety if- (a) [the registrar may refuse to recognize a variety if, in his opinion] it is in the public interest to do so; (b) [the registrar shall refuse to recognize a variety if the Minister] he or she, after an evaluation [referred to] in terms of section 22, [directs him to do so; and . . (c) 'the] decides that the variety is undesirable for use. (3) The registrar shall not recognise a variety before- [(i)]f£1 [the Minister] he or she has decided und~r section 22(1) not to 5 10 [(ii)... investigate the variety; or the Minister has under section 22(5) published the results of the 15 evaluation or has under section 22(6) informed the registrar that he lias decided. not to publish such results; or . , , .. · (iii)]@ the prescribed period, reckoned from the.date on which the plants and propagating material were supplied to the [Minister] registrar ·· under section 22(3) (a) for the first time, has expired 20 · - [whichever.event may occur first]. , .. · · . [(3)]ill. The registrar . shall in respect of each variety which is recognised- •. (a) enter the applicable particulars referred to in section 15 in the varietal lb~~ ~ (b) [by notice in the Gazette publish such particulars relating to the recognition of the variety as may be prescribed; and (c)]. inform the applicant in writing of such recognition. (5) If the registrar refuses to recognize a variety in terms of this section, he or she shall in writing advise the person who applied for recognition of 30 a variety of his or her decision and of the grounds on which it is based.". Amendment of section 21 of Act 53 of 1976

17. Section 21 of the principal Act is hereby amended- ( a) by the substitution for paragraph (a) of subsection (I) of the following paragraph: · · · · "(a) on application made to him or her and on payment of the prescribed fees~ .. ; (b) by the substitution for subsection (2) of the following subsection: ·:(2) The registrar may delete the denomination of a variety entered in .. ,• ~ the varietal list if [he is satisfied]- ( a) [that] any information submitted to him or her in the application for the recognition of such variety or in connection with such an application was incorrect and [that] the variety would not have been recognised if he or she had known that the information was incorrect; or [that] information has come to light which, if discovered earlier, would have resulted in the refusal of such application; or [that] it is in the public interest to delete it; 2!: (c) (d) [that] plants and propagating material of such variety capable of (b) 35 40 45 reproducing the variety in such a manner that the [morphological, 50 physiological and other] characteristics thereof correspond with the characteristics described at the time of the recognition thereof, canriotreadily be obtained; or [that] the variety no longer conforms to the requirements referred to in section 17; or 55 (e) · W after ari evalu:iiion referred to in section 22, he or she decides that the use of the variety is undesirable , [and the registrar shall delete the denomination of such a variety if the Minister, after an evaluation referred to in section 22, directs him ·to do so]."; and. · · · 60 20 No. 17141 . Act No. 25, 1996 GOVERNMENT GAZETTE, 19 APRIL 1996 PLANT IMPROVEMENT AMENDMENT ACT, 1996 .• , . (c) .. by the substitution for subsection (3) ofthe following subsection: . ·. . . "(3) If the re istrar deletes the denomination of a variet from the varietal list, he or she shall in writing advise the person who applied for ~ . recognition of the variety of his or her decision and of the grounds on which it is based, unless that person's identity and address is unknown to the registrar.','~;· . .- · · ·- 1:· • ; · ·• • '. ·, ·. · · r -· .- _, 5 Substitution of section 22 of Act 53 of 1976· · · . '··

18. Th~ following section is hereby substituted for sectio~ 22.of the principal Act: .-, ' c · ' ·; ·' ;: "Ev.aluation of variety ' ' ~ ' . 22. (I) There istrar rna , if he or she deems it riecess usefulness of a variety for agricultural or industrial purposes. , evaluate the 10 . . ' . . · (2) For. the· purposes pf subsection. (I), the registrar may investigate ( a)· ·:my variety in respect of which' an.ajiplicatiori for recognition has been submitted in terms'ohectiori'J6; or. · · · '· , (b)· any variety of whichthe denomination has been entered in the varietal 15 .list. · · · · ' · (3) The presc~ibed quantity or mass of plants or propagating material of the variety in question required for the purpose. of the evaluation- . (a) . shall, in the case of a variety referred to in .subsection (2)(a), be · · supplied free of charge to the registrar by the· applicant at the 20 .. ,,· prescribed time and place; and . ·. (b) may, in the case of a variety referred to in subsection (2)(b ), be . procured by. the registrar against payment from any person . ( 4) The registrar may, in order to enable him or her to evaluate a variety- · (a) . investigate the variety in the manner which he or she deems expedient; (b) cause the' variety to be investigated; _ (c) . use the. results of tests and trials conducted with that variety and obtained by him or her in terms of an agreement referred to in section J5A. (5) The registrar may, as 'a result of .the evaluation of a variety....::' (a) (b) if an application for recognition has been filed with him or her, either recognize the variety or refuse !lie application; or if the variety has been entered in the varietal list, either retain it in the list or delete it. · · ' . · ~ . . · ·· 25 30 35 (6)If plants or propagating material c'annot be supplied or procured as contemplated in subsection (3), the registrar may- (a) in the· case of a variety referred to in subsection (2)(a), refuse the . . . · application for the recognition of the variety; or. · (b} in the case.of a variety referred to in subsection (2)(b), delete the 40 variety from the varietal list. . . . .... (7) The registrar may at any time after an investigation in terms of this . section has been undertaken, repeat the investigation.:· .... i Amendment of section 24 of Act 53 of 1976, as amended by section 10 of Act 10 of 1979, section 15 of Act 39 of 1983 and section 8 of Act 17 of 1991 . ) '.

19. Section. 24 of the prin~ipal Act is hereby amended. by the substitution for paragraphs (b) and (c) of subsection (I) of the following paragraphs, respectively: "(b) provide that any area of land· utilized for the cultivation of plants or ; propagating material in terms of a scheme, shall be registered as a unit with the authority referred to in paragraph (a); · (c)_ provide for the manner in which an application fonegistration as a unit shall be lodged, the information which shall accompany such an application and the .. , .: circumstances under which ·such registration shall lapse, be refused or be · cancelled;"; · . · 45 50 22 No. 17141 Act Nu. 25, 1996. GOVERNMENTGAZE"ITB, 19 APRIL 1996 PLANT IMPROVEMENT AMENDMENT ACf, 1996 Insertion of section 24A in Act 53 of 1976 , 20. The· following ·section is hereby inserted in the -principle Act after section 24: "Inspection. for quality control . ; . . ~ . ; i -

24A. An officer or authorised person may during business hours enter any premises registered under this Act and~ , . , . · .. 1· (a) open any container found at or on the premises which the officer or · authorised. person believes. on reasonable grounds contains any . • · · ,. '· 5 propagating material; (b) examine the propagating material and take samples thereof; and (c) require the owner or occupier to produce for inspection, or for the 10 purpose of obtaining copies or extracts, any books; labels, shipping bills, bilfs ·of lading or other documents or papers with respect to the administration of this Act.". , .. · .. · Substitution of section 25 of Act 53 of 1976, as amended by section 11 of Act 10 of 1979, section 16 of Act 39 of 1983 and section 9 of Act 17 of 1991. 15

21. The fotiowing section is hereby substituted for section 25 of the principal Act: "Power to enter premises, carry out inspections, take samples and seize certain articles

25. I An officer in the de artment referred to in section 3 3 a or authorised person may, on the authority. of a ·warrant issued under 20 subsection (3); at any reasonable time~ (a) enter and inspect any place, premises or vehicle in or upon which any plant, propagating material, substance or other article in respect of which this Act applies, is or is upon reasonable grounds suspected to be produced, reproduced, bred, cultivated, processed, treated, pre- 25 pared, tested, examined, analysed, classified, prepackaged, marked, labelled, held, kept, packed, removed, transported, exhibited or sold; (b) direct a person in control of or employed at such place, premises or vehicle t~ (i) . deliver any book, record or other document that pertains to that 30 ,. plant, propagating material, substance or other article and which is in the possession or under the control of that person; (ii) furnish the information he or she has with regard to that plant, propagating material, substance or other article; (iii) render the assistance the office or authorized person requires to 35 enable him or her to perform his or her functions under this Act; inspect any book, record or other document and make copies thereof or excerpts therefrom; . (c) (d) seize any plant, propagating material, substance, book, record or other . . . . . ' ! I • ; (e) document or article which is or might be relevant to a prosecution 40 under this Act and keep it in his or her custody: Provided that the person from whose possession or control. any book, record or document has been taken, may, at his or her own expense and under the supervision of the officer or authorized person concerned, make · copies thereof or excerpts therefrom; take samples of any plant, propagating material, substance or other article used or intended for use in the production; reproduction, breeding; cultivation,· processing,. treatment; preparation, testing, examining, analysing, classification, prepackaging, marking, label ling, holding, keeping, packing, removal, transport, exhibition or sale 50 thereof, and of any. plant, propagating material, substance or other article seized in terms of paragraph (d), and examine, analyse or 45 ., ' classify such samples.·' .·. 24 No. 17141 Act No. 25, 1996 GOVERNMENT GAZElTE; 19 APRIL 1996 PLANT IMPROVEMENT AMENDMENT ACf, 1996 (2) Any sample taken in terms of subsection (I)( e) or (6)- (a) shall consist of the quantity or mass determined by the registrar, taken in accordance with the methods determined by him or her; (b) shall be taken in the presence of the person in charge of, or the owner or custodian of, such plant, propagating material, substance or other article, or, if such person, owner of custodian is not avaliable, in the presence of· any other witness, and the form determined by the registrar shall be completed in respect thereof; · . (c) shall, if necessary, be packed and identified in such manner as the . nature thereof permits; and 5 10 (d) shall with all convenient speed be tested, examined or analysed in accordance with the methods which the registrar may determine or which may be prescribed, and the result of such test, examination or analysis shall be entered on the determined by the registrar form. · (3) A warrant referred to in subsection (I) shall be issued by a judge of 15 the Supreme Court or by a magistrate who has jurisdiction in the area where the place or premises in question is situated, or where the vehicle is or will be, and shall only be issued if it appears to the judge or magistrate from . information on oath that there are reasonable grounds for believing that an article mentioned in subsection (l)(a) and (b) is upon or in such place, 20 premises· or vehicle, and shall specify which of the acts mentioned in subsection (I) may be performed thereunder by the person to whom it is issued: .. · · · · · · · · ·, :. · · (4) A warrant issued in terms of this section shall be executed by day . unless the person who issues the warrant authorizes the execution thereof 25 oy night at times which shall be reasonable; and entry upon and search of any place, premises or vehicle specified in such warrant shall be conducted with strict regard to decency and order, including_: · (a) a person's right to, respect for and protection of his or her dignity; (b) · (c) the right of a person to freedom and security; and the right of a person to his or her personal privacy. 30 · .. , (5) The officer 'or authorized person executing a warrant in terms of this section shall immediately before commencing with the execution- ( a) identify himself or herself to the person in 'control of the place, premises or vehicle, if such person is present, and hand to such person 35 a copy of the warrant or, if such person is not present, affix such copy to a prominent place on the place, premises or vehicle; (b) supply such person· at his or her request with particulars regarding his . ' or her authority to execute such a warrant. (6) ·An officer in the department' or· authorized person may without a 40 warrant enter any place, premises or. vehicle, and search for, seize, take . samples of and remove any article referred to in subsection (I) if the person who is competent to do so consents to such entry, search, seizure, taking of , . samples and removal. . . . . (7) (a) The officer or authorized person who may on the authority of a 45 . warrant issued in terms of subsection (3), or under the provisions of subsection (6), enter and search any place, premises or vehicle, may use such force as may be reasonably necessary to overcome resistance to such entry or search. · unless he or she has audibly demanded admission to the place, premises or vehicle and has notified the purpose of his or her entry, unless such person is upon reasonable grounds of the opinion that any article may be destroyed if such ··admission is first demanded and such purpose is first notified. (b) No person may enter upon and search any place, premises or vehicle 50 · · (8) If, during the execution of a warrant or the conducting of a search in 55 terms of this section, a person claims that an article found on or in the place, premi_ses or vehicle in question contains privileged information and refuses 26 No: 17141 Act No •. 25, 1996 GOVERNMENT GAZEllE; 19APRIL 1996 PLANT IMPROVEMENT AMENDMENT ACT. 1996 the inspection or removal of such article, the pers.on executing the warrant or conducting the search shall, if he or she is of the opinion that the article contains information which is relevant to the investigation and that such information is necessary for the investigation or hearing, request the registrar of the Supreme Court which has jurisdiction, or his or her delegate, 5 · • to seize and remove that article for safe custody until a court of law has · made a ruling on the question whether or not the information in question is privileged. - . · ' (9) A warrant issued in terms of this section may be issued on any day and shall be of force until- (a) . (b)· it is cancelled by the person who issued it or, if such person is not it is executed; or available, by any person with similar authority; or the expiry of one month from the day of its issue;.or (c) the purpose for which the warrant was issued, no longer exists, (d) whichever may occur first. · · ·· :(IO).Ifno criminal proceedings are' instituted in connection with any plant; propagating material, substance, book; record or other article or '· document seized in terms of subsection (1) or (6), or if it appears that such · · 10 15 plant, propagating material, substance, book, record or other article or 20 document is not required at the trial for the purposes of evidence or an order of court, that plant, propagating material, substance, book, record or other · article or document shall be returned to the person from whom it was seized.". . ... · ... Amendment of section 26 of Act 53 of 1976, as amended by section 12 of Act 10 of 25 1979, section 17 of Act 39 of 1983 and section 10 of Act 17 of 1991 :.>' .,

22. Section 26 of the principal Act is hereby amended- . '·· . (a)· by the deletion of the proviso to paragraph (b) of subsection (I); (b) by the substitution for paragraph (b) of subsection (2) of the following paragraph: · · · · · ··.·. · · ·· . "(b)· A rerson requiring· the permission "of the registrar under · ·· paragraph (a) shall' apply therefor to the registrar in the prescribed '' · ''manner [and form]."; · (c) by the substitution for subsections (3) and (4) of the following subsections, ·respectively:· ·· · 30 35 '"(3) A person importing a consignment of plants or propagating ·· material shall furnish the registrar with the particulars which the registrar may determine regarding such consignment, and such consignment shall ··not be removed from a port. or place contemplated in subsection I [(d)] · ~unless the registrar has authorized the removal thereof in writing. 40 · ( 4) [Plant or] Plants and propagating ·material imported in terms of subsection (I) or (2) shall, if the registrar so requires, be presented for · · examination and sampling in terms of this section at a port or place 'contemplated in subsection (I) [(d)]~."; and· (d)· by the substitution for subsection (6) of the following subsection: 45 · · '.'(6) ~The provisions of this section shall not apply with reference to . the importation of plants and propagating material intended for[- . · (a)] purposes other than cultivation or · [(b)] for immediate export [Provided that the] . . (b) The person importing [such] plants or propagating material in 50 terms of paragraph (a) shall, prior to or on arrival thereof in the Republic, furnish to the registrar a declaration to that effect in the prescribed [form] ; ·manner.". --- Amendment of section 27 of Act 53 of 1976, as ·amended by section 11 of Act 17 of 1991 55

23. Section 27 of the principal Act is hereby amended by the substitution for ' subse,ctions (2) a_nd (3) 'of the following subsections; respectively: 28 No. 17141 Act No. 25, 1996 GOVERNMENTGAZE1TE, 19APRIL 1996 PLANT IMPROVEMENT AMENDMENT ACf, 1996 "(2) Any person desiring to obtain any such certificate shall apply therefor to the registrar in the prescribed manner [and in the form determined by the registrar] and such application shall be accompanied by the prescribed application fee. (3) After receipt of an application referred to in subsection (2) the registrar may undertake such inspection of the plants and propagating material intended for 5 export as he or she may deem necessary, take such samples thereof as he or she may deem necessary and test, examine or analyse the samples or cause the samples to be tested, examined or analysed in the manner [referred to in paragraph (c) of section 25(3)] contemplated in section 25(2), and the person who has thus applied shall pay to the registrar on demand the prescribed fees in connection with such 10 inspection and for the testing, examination or analysis of such samples.". Amendment of section 32 of Act 53 of 1976

24. Section 32 of the principal Act is hereby amended by the substitution for subsection (5) of the following subsection: "(5) The procedure at the hearing of an appeal shall be as [determined by the 15 chairman] prescribed.". Amendment of section 33 of Act 53 of 1976

25. Section 33 of the principal Act is hereby amended by the substitution for subsection (I) of the following subsection: "(I) No person shall publish or distribute or cause or permit to be published or 20 distributed any false or misleading advertisement concerning plants, propagating material or [any establishment] premises.". Amendment of section 34 of Act 53 of 1976, as amended by section 21 of Act 39 of 1983

26. Section 34 of the principal Act is hereby amended by the substitution for 25 subsection (5) of the following subsection: "(5) The regulations may in respect of any contravention thereof or failure to comply therewith prescribe a penalty [not exceeding a fine of two hundred rand or imprisonment for a period not exceeding six months]- a in the case of a first conviction, of an a period not exceeding six months; and in the case of a second or subsequent conviction, of a fine or imprisonment for a period not exceeding one year.". ro riate fine or im risonment for a 30 (b) Amendment of section 35 of Act 53 of 1976, as amended by section 13 of Act 10 of 1979, section 22 of Act 39 of 1983 and section 13 of Act 17 of 1991 35

27. Section 35 of the principal Act is hereby amended- ( a) by the substitution for paragraph (a) of subsection (I) of the following paragraph: "(a) who- ill makes a false entry in the varietal list or causes it to be made 40 therein, or who makes a [writing] document or causes a [writing] document to be made which falsely purports to be a copy of [an entry in] or excerpt from the varietal list; or [who] ill)_ produces or tenders or causes to be produced or tendered as evidence any such entry, [or any such] copy [thereof] or 45 excerpt; or (iii) knowing it to be false offers, utters or puts out an entry, a copy or an excerpt referred to in subparagraph (i) to the detriment or potential detriment of another person;"; (b) by the substitution in subsection (I) for subparagraph (ii) of paragraph (b) of 50 the following subparagraph: "(ii) makes a false statement or representation or furnishes false information knowing it to be false; or"; (c) by the substitution for paragraph (f) of subsection (I) of the following paragraph: 55 "(f) who conducts a business in conflict with the provisions of section 6 [or who operates an establishment which does not conform to the requirements referred to in section 9(2)];"; 30 No. 17141 Act No. 25, 1996 GOVERNMENTGAZE1TE, 19APRIL 1996 PLANT IMPROVEMENT AMENDMENT ACT, 1996 (d) by the substitution for paragraph (i) of subsection (I) of the following paragraph: "(i) who fails to display or return a certificate of registration of [an establishment] premises;"; (e) by the addition to subsection (I) of the following paragraphs: " m who sells, removes or tam ers with an !ant, ro a atin material, substance or other article, or any book or document seized in terms of section 25, or who tampers with an identification mark or seal attached thereto in terms of that section; who falsely holds himself or herself out to be the registrar, an officer referred to in section 3(3)(a) or an authorized person; who makes a document or causes a document to be made which purports to be a certificate, authorization or other document issued in terms of this Act,"; (n) ( o) (j) by the substitution for paragraphs (i) and (ii) of subsection (I) of the following paragraphs, respectively: 5 10 15 "(i) in the case of a first conviction of a contravention referred to in [paragraph (a), (b), (j), (g), (It), (k) or (I)] this subsection, to a fine [not exceeding RS 000] or to imprisonment for a period not 20 exceeding [two years or to both such fine and such imprison ment; or] one year; in the case of a second or subsequent conviction of a contravention referred to in paragraph (c), (d), (e), (i) or (j), to a fine [not exceeding R4 000] or to imprisonment for a period not exceeding 25 [one year or to both such fine and such imprisonment] two years; or"· and (ii) (g) by the additio~ to subsection (I) of the following paragraph: "(iii) in the case of a second or subsequent conviction of a contravention referred to in paragraph (a), (b), CO. (g). (h), (k), (/), (m), (n) or (o), 30 to a fine or to imprisonment for a period not exceeding four years.", Amendment of section 36 of Act 53 of 1976, as amended by section 23 of Act 39 of 1983

28. Section 36 of the principal Act is hereby amended- ( a) by the insertion after paragraph (a) of subsection (I) of the following 35 paragraph: "( aA) any sample taken in terms of section 25(1 )(e) shall be deemed to be representative of that plant, propagating material, substance or other article from which it was taken unless the contrary is proved;"; 40 (b) by the deletion of paragraph (b) of subsection (I); and (c) by the deletion of the word "and" at the end of paragraph (c) of subsection (I) and the addition to the said subsection of the following paragraph: "(e) an excerpt from or a copy of the varietal list certified as such by the registrar, shall be accepted as prima facie proof of the information 45 contained therein.". Substitution of long title of Act 53 of 1976

29. The following long title is hereby substituted for the long title of the principal Act: "ACT To provide for the registration of[establishments] premises from which the sale of 50 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 the 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 55 propagating material, and ensuring the usefulness of the products thereof for 32 No. 17141 Act No. 25, 1996 GOVERNMENTGAZETIE, 19APRIL 1996 PLANT IMPROVEMENT AMENDMENT ACf, 1996 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.". Saving

30. Any premises which were registered in terms of the principal Act immediately prior to the commencement of this Act shall be deemed to be registered for the remaining portion of the term of registration thereof as if the principal Act had not been amended by this Act. 5 Repeal of Jaws

31. The laws mentioned in the second column of the Schedule are hereby repealed as indicated in the third column of the Schedule, to the extent that such laws were in force 10 immediately prior to the commencement of the Constitution in the various territories of the national territory of the Republic as set out in the fourth column of the Schedule. Extension of application of Act 53 of 1976

32. The principal Act shall apply throughout the Republic. Short title 15

33. This Act shall be called the Plant Improvement Amendment Act, 1996. 34 No.l7141 Act No. 25, 1996 GOVERNMENTGAZE1TE. 19APRIL 1996 PLANT IMPROVEMENT AMENDMENT ACT. 1996 SCHEDULE LAWS REPEALED BY SECTION 31 No. and year of law Short title Extent of repeal Area in respect of which law is Act No. 28 of 1961 Seeds Act. 1961 The whole repealed The territory of the fanner self- governing territory of K waZulu. Act No. 53 of 1976 Plant Improve- The whole The territories of the fonner Re- ment Act. 1976 publics of Bophuthatswana. Venda and Ciskei and the territo- rics of the fonner self-governing territories of Lebowa, Gazankulu, Qwaqwa, KwaNdebele and KaNgwane. Act No. 10 of 1979 Plant Improve- The whole The territory of the former Re- ment Amendment Act. 1979 pub1ic of Ciskei and the territo- ries of the fonner self-governing territories of Lebowa, Gazankulu, Qwaqwa, KwaNdebele and KaNgwane. Act No. 14 of 1979 Plant Improve- The whole The territory of the fonner Re- ment Act, 1979 public ofTranskei Act No. 17 of 1980 Plant Improve- The whole The territory of the former Re- ment Amendment Act, 1980 public ofTranskei. Act No. 16 of 1981 General Law Section 13 The territory of the fonner Re- Amendment Act, 1981 public ofTranskei. Act No. 36 of 1983 Agricultural Pests Section 20( I) The territories of the former self- Act, 1983 governing territories of Lebowa, Gazankulu, Qwaqwa, KwaNdebele and KaNgwane. Act No. 39 of 1983 Plant Improve- The whole The territories of the former self- ment Amendment Act, 1983 governing territories of Lebowa, Gazankulu, Qwaqwa, KwaNdebele and KaNgwane.