| (1) |
Subject to the provisions of subregulations (2), (3) and (4), a plant that has not been certified, may be sold without an authority referred to in section 13 of the Act if— |
| (a) |
such plant and, if it has been grafted or budded, the rootstock thereof is— |
| (i) |
true to type and true to variety; |
| (ii) |
free from the insects specified in Table 7, and visually free from any other insects; and |
[Regulation 31(1)(a)(ii) substituted by Notice No. R. 1489 of 11 July 1986]
| (iii) |
visually free from pathogens; |
| (b) |
in the case of a plant referred to in subregulations (2), (3) and (4), such plant or vegetative material that is used for the cultivation of a plant originates from an establishment registered as a nursery under the Act; |
| (c) |
in the case of Vitis spp., each rootstock graft shoot, rootstock plant shoot, rootstock of a grafted plant and rooted rootstock plant originates from a parent plantation that is cultivated only for the production of rootstocks and is situated on a premises registered as an establishment; |
| (i) |
such plant shows vigorous growth in all respects; |
| (ii) |
the graft or bud union of such plant has grown together right around, except where otherwise provided in subregulation (4)(i)(i) and (ii); |
| (iii) |
no signs of nutritional deficiency, drying out or physiological, chemical, insect, pathogen, hail, cold or serious mechanical damage are visible on such plant; and |
| (iv) |
the root system of such plant is well-developed and the roots spread in different directions, except where otherwise provided in subregulation (3)(e)(iii). |
| (2) |
A plant of Citrus spp., Fortunella spp., Poncirus spp. and any cross of such plants that has not been certified may be sold without an authority referred to in section 13 of the Act if — |
| (a) |
in the case of seed for a rootstock, such seed contains not more than 5 per cent under-developed seed and not more than 5 per cent damaged seed: Provided that the aggregate of the under-developed and damaged seed content shall not exceed 5 per cent; |
| (b) |
in the case of budwood for a scion the thorns, leafs and side shoots of such budwood have been removed immediately after the collection thereof; |
| (c) |
in the case of a nursery plant grafted or budded— |
| (i) |
the graft or bud union of such plant is at least 200 mm above the ground; |
| (ii) |
the scion of a nursery plant is at least 150 mm above the graft or bud union; and |
[Regulation 31(2)(c)(ii) substituted by Notice No. R. 513 of 18 March 1994]
| (iii) |
the difference between the diameter of the scion and the rootstock of such plant 50 mm above and 50 mm below the graft or bud union, does not exceed 5,0 mm; and |
[Regulation 31(2)(c) substituted by Notice No. R. 513 of 18 March 1994]
| (d) |
in the case of a nursery plant that is not grafted or budded, such plant is at least 350 mm above the ground. |
[Regulation 31(2)(d) substituted by Notice No. R. 513 of 18 March 1994]
| (e) |
in the case of any nursery plant— |
| (i) |
the bole of such plant is straight; |
| (ii) |
such a plant is not subject to bark flaking or any other abnormality; and |
| (iii) |
if such plant has been cut back, it is not shorter than 500 mm: Provided that this regulation shall not apply to ornamental plants of Citrus spp., Fortunella spp., Poncirus spp. or any cross of such plants. |
| (3) |
A plant of Malus spp., Prunus armeniaca L., Prunus avium L., Prunus cerasus L., Prunus domestica L., Prunus persica Batsch, Prunus salinica Lindl or Pyrus communis L. that has not been certified may be sold without an authority referred to in section 13 of the Act if— |
| (a) |
in the case of seed for seedlings— |
| (i) |
the percentage germination of that seed is at least 75; and |
| (ii) |
that seed contains not more than 5 per cent under-developed seed and not more than 5 per cent damaged seed: Provided that the aggregate of the under-developed and damaged seed content shall not exceed 5 per cent; |
| (b) |
in the case of graftwood or budwood— |
| (i) |
that wood is well-matured; and |
| (ii) |
the side shoots and spurs on that wood were removed immediately after collection; |
| (c) |
in the case of an unrooted hardwood cutting, that cutting originates from the growth of the previous growing season; |
| (d) |
in the case of a rooted rootstock cutting— |
| (i) |
that cutting is not older than two years; |
| (ii) |
the length of that cutting above the uppermost root is at least 300 mm; |
[Regulation 31(3)(d)(ii) substituted by Notice No. R. 1524 of 12 July 1985]
| (iii) |
the diameter of that cutting above the uppermost root is 8 mm; |
| (iv) |
that cutting is straight; and |
| (v) |
that cutting has at least two roots with a minimum length of 50 mm each; |
| (e) |
in the case of an apple seedling or apple layer— |
| (i) |
that seedling or layer is not older than one year; |
| (ii) |
the bole of that seedling or layer is straight; |
| (iii) |
the root system of that seedling or layer is well-developed; and |
| (iv) |
the bole diameter 200 mm above the uppermost root of that seedling or layer is not more than 15 mm; and |
| (f) |
in the case of a nursery plant— |
| (i) |
of a stone fruit, any graft or bud union is between 120 mm and 200 mm above the uppermost root; |
| (ii) |
of a pome fruit, any graft or bud union is between 150 mm and 250 mm above the uppermost root; |
| (iii) |
the bole diameter 50 mm above the graft or bud union of a one-year-old and two-year-old plant is at least 7 mm and 8 mm respectively; |
| (iv) |
the side shoots of that plant after leaf drop have not been cut back to shorter than 100 mm; |
| (v) |
no side shoots appear below the graft or bud union of that plant; |
| (vi) |
that plant has not been cut back to shorter than 1,5 m above the graft or bud union: Provided that where such a plant has been established in a container, that plant has not been cut back to shorter than 500 mm above the graft or bud union; |
[Regulation 31(3)(f)(vi) substituted by Notice No. R. 2496 of 9 December 1988]
| (vii) |
the pruning wound above the graft or bud union of that plant is sealed with a wound sealer; |
| (viii) |
the roots of that plant are not pot-bound and, if cut back, are not shorter than 150 mm; |
| (ix) |
that plant has no dead or torn roots; |
| (x) |
the bole of that plant is straight; and |
| (xi) |
where such a plant has been established in a container, that plant has not been established in such container for longer than one year: |
[Regulation 31(3)(f)(xi) substituted by Notice No. R. 2496 of 9 December 1988]
Provided that this subregulation shall not apply to ornamental plants of Malus spp., Prunus spp. and Pyrus spp.
| (4) |
A plant of Vitis spp. that has not been certified may be sold without an authority referred to in section 13 of the Act, if— |
| (a) |
in the case of a scion graft shoot— |
| (i) |
that shoot does not originate from a plant younger than two years; |
| (ii) |
the buds of that shoot are dormant for graft purposes and show no signs of budding or swelling; |
| (iii) |
that shoot is well-matured over the entire length thereof; and |
| (iv) |
the diameter between the nodes over the entire length of that shoot is between 6 mm and 12 mm; |
| (b) |
in the case of a scion plant shoot— |
| (i) |
that shoot does not originate from a plant younger than two years; |
| (ii) |
the buds of that shoot are dormant and show no signs of budding or swelling; |
| (iii) |
that shoot is at least 300 mm in length; |
| (iv) |
that shoot is well-matured over the entire length thereof; |
| (v) |
that shoot has no anchors or side shoots; |
| (vi) |
that shoot is so straight that it fits in its length between two parallel straight lines 30 mm apart; and |
| (vii) |
the diameter of that shoot between the two upper buds is not less than 4 mm; |
| (c) |
in the case of a rootstock graft shoot— |
| (i) |
that shoot does not originate from a plant younger than two years; |
| (ii) |
that shoot is well-matured over the entire length thereof; |
| (iii) |
a node appears on the base of that shoot; |
| (iv) |
the length of that shoot is between 260 mm and 280 mm; |
| (v) |
the diameter between nodes over the entire length of that shoot is between 6 mm and 12 mm; |
| (vi) |
that shoot has no anchors or side shoots; and |
| (vii) |
that shoot is so straight that it fits in its length between two parallel straight lines 30 mm apart; |
| (d) |
in the case of a rootstock plant shoot— |
| (i) |
that shoot does not originate from a plant younger than two years; |
| (ii) |
that shoot is well-matured over the entire length thereof; |
| (iii) |
that shoot is at least 300 mm in length; |
| (iv) |
the diameter of that shoot between the two upper buds is not less than 4 mm; |
| (v) |
that shoot has no anchors or side shoots; and |
| (vi) |
that shoot is so straight that it fits in its length between two parallel straight lines 30 mm apart; |
| (e) |
in the case of a rooted rootstock plant— |
| (i) |
that plant has at least one mature shoot with a minimum length of 150 mm, or at least two mature shoots with minimum length of 100 mm each; |
| (ii) |
the two-year-old part of that plant is at least 250 mm long; |
| (iii) |
at least two strongly developed roots appear on the base of that plant; |
| (iv) |
no dead parts appear on that plant; and |
| (v) |
the roots of that plant have not been cut back shorter than 100 mm; |
| (f) |
in the case of a rooted rootstock plant in a container, excluding a plant that is cultivated from a one-bud cutting, that plant has— |
| (i) |
a bole at least two years old and 200 mm in length and with an internode diameter of at least 5 mm; |
| (ii) |
at least one well hardened one-year-old shoot with a minimum length of 150 mm, that, when dormant, is well-matured over at least two thirds thereof; and |
| (iii) |
at least two strongly developed roots on the base thereof; |
| (g) |
in the case of a rooted rootstock plant that is cultivated from a one-bud cutting and is established in a container— |
| (i) |
that plant has at least one shoot with a minimum length of 100 mm that, when dormant, is well-matured over at least two thirds of the length thereof; and |
| (ii) |
at least two well developed roots appear on the base of that plant; |
| (h) |
in the case of a rooted grafted plant that is not established in a container— |
| (i) |
the diameter of the scion of that plant is not more than 3 mm thicker and not more than 3 mm thinner than the rootstock; |
| (ii) |
at least two well developed roots appear on the base of that plant; |
| (iii) |
no signs are visible of the removal of roots thicker than 2 mm in diameter from the scion of that plant; |
| (iv) |
no live buds appear on the rootstock of that plant; |
| (v) |
that plant has at least one mature shoot with a minimum length of 100 mm when it is of the variety Barlinka or Hanepoot and 150 mm when it is of another variety; |
| (vi) |
the rootstock of that plant is at least 200 mm in length; and |
| (vii) |
no dead parts appear on that plant; and |
| (i) |
in the case of a grafted plant in a container— |
| (i) |
the side graft union of that plant is firmly callused at at least the bottom three quarter of that union; |
| (ii) |
the top graft union of that plant is firmly callused right around; |
| (iii) |
the diameter of the scion of that plant is not more than 2 mm thicker or more than 3 mm thinner than the rootstock; |
| (iv) |
the length of any rootstock bole originating from dormant wood is at least 150 mm and the internode diameter thereof is at least 5 mm; |
| (v) |
with the exception of a cartonised plant, that plant has at least one shoot with a minimum length of 150 mm that, when dormant, is well-matured over at least two-thirds of the length thereof; |
| (vi) |
when cartonised, that plant has at least one shoot with a minimum length of 100 mm; |
| (vii) |
at least three strongly developed roots appear on the base of that plant; and |
| (viii) |
no signs are visible of the removal of roots thicker than 2 mm in diameter from the scion of that plant; and |
| (j) |
in the case of a rooted green-grafted plant in a container — |
| (i) |
the graft union of a green-grafted plant in a container shall be firmly callused right around; |
| (ii) |
the internodal diameter of the scions of such a plant shall be at least 1,5 mm; |
| (iii) |
each one-year-old plant, when dormant, shall have at least one mature shoot with a minimum length of 80 mm; |
| (iv) |
each plant, when not dormant, which has stood over for one season after grafting, shall have at least one green shoot with a minimum length of 80 mm; |
| (v) |
the rootstock of such a plant shall have a length of at least 100mm, with an internodal diameter of at least 1,5 mm and be well-matured over the entire length thereof; and |
| (vi) |
each plant shall have at least three well-developed roots that are evenly spread around the base thereof:”. |
[Regulation 31(4)(j) inserted by Notice No. R. 849 of 2 September 2005]
Provided that this subregulation shall not apply to ornamental plants of Vitis spp.
| (5) |
The provisions of regulation 29 shall mutatis mutandis apply to the permissible tolerance between the required properties of plants referred to in this regulation and the result of a test, examination or analysis for each such property. |
[Regulation 31 substituted by Notice No. R. 1287 of 14 June 1985]
Copyright Act, 1978
