13

Requirements relating to sale of plants and propagating material
(1) Plants and propagating material shall only be sold for purposes of cultivation(a)

if the plants and propagating material are of a variety which is entered in the
varietal list;

(b)

under the denomination entered in respect thereof in the varietal list;

(c)

if no qualifying term or reference is added to or used in connection with the
denomination referred to in paragraph (b);

(d)

if the plant or propagating material, as the case may be, complies with the
requirements prescribed in respect thereof; and

(e)

if, in the case of(i)

propagating material, the material is prepackaged or is packed in
containers which comply with the prescribed requirements and are
sealed and branded, marked or labelled in the prescribed manner with
the prescribed information; or

(ii)

a plant, the prescribed information appears on a label affixed to the
plant or on the container in which the plant grows or is packed.

(2) The registrar may, on good cause shown in writing, give written exemption
from compliance with one or more of the requirements referred to in subsection (1) subject
to such conditions as he or she may in each case determine.
[S. 13 amended by s. 8 of Act 10 of 1979 and substituted by s. 9 of Act 25 of 1996.]
14

Savings regarding certain propagating material
The provisions of this Act shall not apply(a)

to the cleansing of propagating material intended for a purpose other than
the cultivation thereof;

(b)

to the sale of propagating material intended for a purpose other than the
cultivation thereof;

[Para. (b) amended by s. 4 (a) of Act 17 of 1991 and by s. 10 (a) of Act 25 of 1996.]
(bA) to the cleansing of propagating material by the producer thereof; or

Select target paragraph3