| (1) |
Subject to the provisions of subregulation (4), a plant that is sold without an authority referred to in section 13 of the Act shall be furnished with a label on which is indicated in clearly legible symbols, letters and figures— |
[Words preceding Regulation 35(1)(a) substituted by Notice No. R. 1287 of 14 June 1985]
| (a) |
the recognised name of the kind to which such plant belongs; |
| (b) |
the denomination which is generally used for the variety concerned, unless the registrar determines otherwise in respect of a particular kind of plant; |
| (c) |
in the case of a plant referred to in regulations 31(2), (3) and (4) that has been grafted into a rootstock, also the particulars referred to in paragraphs (a) and (b) in respect of such rootstock; |
[Regulation 35(1)(c) substituted by Notice No. R. 849 of 2 September 2005]
| (d) |
the name and address of the establishment where such plant is sold or was grown: Provided that where such plant is resold, the name and address of the establishment from which it was obtained, may also, or instead thereof, be indicated; |
| (e) |
the lot number of the lot of plants to which such plant belongs. |
[Regulation 35(1)(e) inserted by Notice No. R. 1590 of 27 August 1993]
| (2) |
If a plant referred to in subregulation (1) is certified, the label in respect of such plant shall also contain— |
| (a) |
[Regulation 35(2)(a) deleted by Notice No. R. 1590 of 27 August 1993] |
| (b) |
the number of the certificate issued in respect of the lot concerned; and |
| (c) |
the further information which shall appear on such label in terms of the scheme concerned. |
| (3) |
The appropriate information referred to in subregulations (1) and (2)— |
| (a) |
may be indicated as an alternative on a container in which a plant grows when sold, or on a label attached to such container; and |
| (b) |
may, in the case where plants are packed in bundles, be indicated on a label attached to each separate bundle. |
[Regulation 35(3) substituted by Notice No. R. 1389 of 26 June 1987]
| (4) |
The provisions of subregulation (1) shall not apply to the sale of plants that are cultivated in containers and supplied on a large scale direct to a producer for commercial planting: Provided that— |
| (i) |
such producer shall take delivery of the plants at the nursery, or the nursery concerned shall deliver the plants direct to the producer at his premises; and |
| (ii) |
the information referred to in subregulation (1) is furnished in an accompanying invoice. |
[Regulation 35(4) inserted Notice No. R. 1389 of 26 June 1987]
Copyright Act, 1978
