[Para. (bA) inserted by s. 4 (b) of Act 17 of 1991.]
(c)
to the sale of propagating material by the producer thereof to the owner or
occupier of a registered premises: Provided(i)
that, in the case of propagating material certified under a scheme, the
containers of the material shall be sealed and labelled or marked in
accordance with the provisions of the scheme; and
(ii)
that, in the case of propagating material not certified under a scheme,
the name and address of the producer, the kind of plant and the
denomination of the variety concerned shall be clearly and legibly
marked on the container thereof or on a label attached thereto.
[Para. (c) amended by s. 4 (c) of Act 17 of 1991 and by s. 10 (b) of Act 25 of 1996.]
15
Varietal list
(1) The registrar shall keep a list in which shall be entered(a)
the denomination by which a variety is generally known on the date on
which the kind of plant to which the variety belongs, has been declared to be
a kind of plant for the purposes of this Act in terms of section 2; or
(b)
the denomination of a variety recognised in terms of section 20; or
(c)
the denomination of a variety in respect of which a plant breeder's right has
been registered in terms of the Plant Breeders' Rights Act, 1976 (Act 15 of
1976); or
(d)
the denomination by which a variety is known internationally.
(2) The registrar may enter in the varietal list such other particulars regarding a
variety referred to in subsection (1) as he or she may deem necessary.
(3) Notwithstanding the provisions of subsection (1), the registrar may,
independent of any specific variety or in addition to any variety entered in the list, include
all the varieties or any further variety of any kind of plant in the varietal list.
(4) If a variety is known by more than one denomination or by an unacceptable
denomination, the registrar shall enter in the varietal list such denomination for the variety
as may be determined by him or her.
(5) The varietal list kept in terms of section 8 of the Seeds Act, 1961 (Act 28 of
1961), shall be incorporated in and form part of the list kept under this section, and any
document, information or other proof supplied or furnished to the registrar under that Act