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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Plant Improvement Act, No. 11 of 2018

Long title


To provide for the registration of certain types of business relating to plants and propagating material intended for cultivation and sale and the registration of premises on or from which that business is conducted; quality standards for plants and propagating material intended for cultivation and sale and conditions of sale of plants and propagating material; a system for national listing of plant varieties; the evaluation of plant varieties in order to ensure value if there is doubt in respect of the value for cultivation and use of plant varieties intended for cultivation and sale; import and export control of plants and propagating material; and a system for different types of schemes for plants and propagating material; and to provide for matters connected therewith.

Table of contents

SECTION TITLE

ARRANGEMENT OF SECTIONS
1. Definitions
CHAPTER 1. APPLICATION OF ACT
2. Application of Act
CHAPTER 2. REGISTRAR AND ADMINISTRATION
3. Designation of Registrar and delegation
4. Exercise of discretionary powers by Registrar
5. Register of businesses and premises
6. Register of varieties
7. Register to be evidence
8. Inspection of documents submitted in connection with applications for national listing
CHAPTER 3. REGISTRATION OF BUSINESS AND PREMISES
9. Types of business that may be conducted
10. Premises on or from which business may be conducted
11. Application for registration of business and premises
12. Registration of business and premises
13. Refusal of registration of business and premises
14. Period of registration
15. Notification of change of circumstances
16. Application for renewal of registration of premises
17. Approval for renewal of registration of premises
18. Refusal for renewal of registration of premises
19. Exemption from registration
20. Termination of registration
21. Display and return of certificate of registration
CHAPTER 4. CONDITIONS FOR SALE OF PLANTS AND PROPAGATING MATERIAL
22. Requirements relating to sale of plants and propagating material
23. Exemptions regarding certain plants and propagating material
CHAPTER 5. NATIONAL VARIETAL LIST
24. National varietal list
25. Maintenance of propagating material
26. Removal of variety denomination from national varietal list
CHAPTER 6. APPLICATION FOR NATIONAL LISTING
27. Varieties eligible for national listing
28. Application for national listing
29. Rejection of application for national listing
30. Acceptance and registration of application for national listing
31. Amendment of application for national listing
32. Objection to application for national listing
CHAPTER 7. VARIETY DENOMINATIONS
33. Denomination of variety
34. Amendment of denomination
CHAPTER 8. EXAMINATION FOR DISTINCTNESS, UNIFORMITY AND STABILITY
35. Tests and trials
36. Refusal for national listing
37. Approval for national listing
CHAPTER 9. VALUE FOR CULTIVATION AND USE
38. Evaluation of variety for value, cultivation and use
CHAPTER 10. HEARING OF OBJECTIONS
39. Hearing of objection
CHAPTER 11. NATIONAL VARIETAL LIST JOURNAL
40. Matters to be published in Journal
CHAPTER 12. INSPECTIONS
41. Inspection for quality control
42. Power to enter premises, inspection and sampling
CHAPTER 13. IMPORT AND EXPORT OF PLANTS AND PROPAGATING MATERIAL
43. Import of plants and propagating material
44. Export of plants and propagating material
CHAPTER 14. SCHEMES
45. Establishment of schemes
46. Provisions of schemes
CHAPTER 15. APPEALS
47. Right to appeal
48. Appeal Board, composition and membership
49. Investigation and consideration by Board
50. Consideration of appeal by Minister
CHAPTER 16. ADVISORY COMMITTEE
51. Establishment of Advisory Committee
52. Appointment of members of Advisory Committee and termination of membership
53. Recusal and disclosure of interests
54. Meetings
CHAPTER 17. GENERAL PROVISIONS
55. Request for test results by authority of another country
56. Disclosure of information
57. Publication or distribution of false or misleading advertisements
58. Regulations
59. Offences
60. Penalties 
61. Presumptions and evidence
62. Limitation of liability
63. Delegation
64. Transitional provisions and savings
65. Repeal of laws
66. Short title and commencement
Sch. SCHEDULE (Section 65). [s65] 
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