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Plant Improvement Act, 1976 (Act No. 53 of 1976)

Notices

South African Seed Potato Certification Scheme

13. Registration of units

 

(1) An application for the registration of an area of land or a container or containers in a greenhouse as a unit must be made on the form and in the manner determined by the authority.

 

(2) The application for registration—
(a) must be submitted by the person who intends to cultivate seed potatoes for certification or by the assignee of that person; and
(b) must be submitted in time to allow the authority to carry out the first field  inspection, as described in the protocol.

 

(3) An application for registration must, subject to the provisions of subsection (4), be accompanied by—
(a) full particulars of the planting;
(b) in the case of an area of land, a map of the site clearly indicating where the unit concerned is located;
(c) in the case of a container in a greenhouse, a map of the site indicating where the different units are situated;
(d) in the case of—
(i) local seed potatoes, a label confirming the source and origin of the seed potatoes; or
(ii) imported seed potatoes, proof to the satisfaction of the authority, of the origin of those seed potatoes;
(e) the fee determined by the authority; and
(f) in the case of a variety that is subject to a plant breeder's right in terms of the Plant Breeders' Rights Act, 1976 (Act No. 15 of 1976), written permission from the license holder/agent of the variety authorising the applicant to cultivate that variety.

 

(4) The property map referred to in subsection (3)(b) is submitted on one occasion only, unless additional fields on the specific property are contemplated for the cultivation of seed potatoes.

 

(5) The authority shall issue a registration certificate upon approval of an application.

 

(6) The  provisions of this Scheme are  binding on the  person in whose favour the unit concerned is registered from the date on which such unit is registered.

 

(7) If a person was not registered as a grower in terms of this Scheme during the previous four years, such person shall be regarded as a new grower.

 

(8)
(a) Each unit must be clearly identified by means of a name plate indicating the variety cultivated on that unit, as well as the unit or sub-unit number;
(b) Subject to the  provisions of paragraph (a), distinct  boards  must be erected to distinguish between units on which plants of the same variety but of different seed sources are cultivated.

 

(9) All labels and waybills with regard to seed potatoes that have been planted on a unit, must, upon request of the authority, be made available in order to verify the origin of the seed.