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

Regulations

Regulations relating to Establishments, Varieties, Plants and Propagating Material

1. Definitions

Purchase

Unless the context otherwise indicates, words and expressions in these regulations have the meaning assigned thereto in the Act, and—

"agricultural remedy"

means an agricultural registered in terms of the Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 (Act No. 36 of 1947);

"coated seed"

means seed which has been coated with some or other substance in order to facilitate planting or establishment;

[Definition inserted by Notice No. R. 1590 of 27 August 1993]

"container"

(i)	in the case of a plant, means the container in which such plant grows or is packed; and

(ii)	in the case of propagation material, means the container in which such propagating material is packed, but does not include a shipping container in which such propagating material is imported;

"inert matter"

in relation to seed, means all material excluding other seed and pure seed which is present therein;

[Definition inserted by Notice No. R. 1621 of 22 July 1983]

"insect"

means any invertebrate member of the animal kingdom, irrespective of the stage of its development;

"lot"

means a quantity of plants or propagating material of which the properties are homogeneous to the extent required by the Act and these regulations and, if applicable, the scheme concerned;

"lot number"

means a code number which a person has allocated to a particular lot of plants or propagating material for purposes of identification and which differs from the lot number allocated by him to any other lot of plants or propagating material;

"mixture"

in relation to seed, means a lot consisting of seed of various kinds and varieties of plants which, with a view to its usefulness for agricultural purposes, is obtained by mixing such propagating material in a particular proportion, but does not include a lawn mixture;

"other matter"

(i)	in the case of coated seed, means all matter excluding the pure units of coated seed which are present therein;

(ii)	in the case of seed of a specific kind which is uncoated, means all matter, including other seed, which is present therein and is visually distinguishable from seed of the kind concerned; and

(iii)

in the case of a mixture which is uncoated, means all matter, including other seed which is visually distinguishable from seed of the kinds comprising the mixture;

[Definition substituted by Notice No. R. 1590 of 27 August 1993]

"other seed"

(i)	in the case of seed of a specific kind, means all seed, irrespective whether it is of a kind to which the Act applies, which is present therein and is visually distinguishable from seed of the kind concerned; and

(ii)

in the case of a mixture, means all seed, irrespective whether it is of a kind to which the Act applies, which is present therein and is visually distinguishable from seed of the kinds which are specified on containers of that mixture or on labels attached to the containers concerned, as kinds comprising that mixture;

"pelleted seed"

[Definition deleted by Notice No. R. 1590 of 27 August 1993]

"port of entry"

means a place through which plants and propagating material may be imported into the Republic in terms of section 26 of the Act;

"prohibited weed seed"

means seed of the kinds of plants indicated in Table 6 hereto;

"pure pellets"

[Definition deleted by Notice No. R. 1590 of 27 August 1993]

"pure seed"

in relation to seeds of a specific kind, means all whole seeds of that kind and portions thereof which are larger than half the original size;

[Definition inserted by Notice No. R. 1621 of 22 July 1983]

"pure units of coated seed"

in relating to coated seed - means undamaged units, units with obvious cracks or fissures and damaged units larger than the original size, irrespective of whether those units contain any seed;

[Definition inserted by Notice No. R. 1590 of 27 August 1993]

"seed"

means seed which is propagating material;

"the Act"

means the Plant Improvement Act, 1976 (Act No. 53 of 1976);

"true to type"

with regard to a plant of a particular kind, means that it corresponds with the description of a plant of the kind concerned;

[Definition inserted by Notice No. R. 1287 of 14 June 1985]

"true to variety"

in relation to—

(i) seed of a particular variety, means that all plants cultivated from the seed concerned correspond to the description of a plant of the variety concerned, and are clearly distinguishable from any other variety of the same kind of plant; and

(ii)	plants and propagating material other than seed, of a particular variety, means that all plants correspond to the description of a plant of the variety concerned and are clearly distinguishable from any other variety of the same kind of plant;

"visually free"

with regard to the occurrence of an insect or pathogen on a plant, means that—

(i)	the registrar is unable to visually observe the occurrence of an insect or a pathogen on a plant unless he uses a microscope or magnifying glass; or