Plant Improvement Act, 2018 (Act No. 11 of 2018)Chapter 9 : Value for Cultivation and Use38. Evaluation of variety for value, cultivation and use |
| (1) | The Registrar may, in cases where the value for cultivation and use of a variety is doubtful, evaluate that variety in the prescribed manner in order to determine its value. |
| (2) | For the purposes of subsection (1), the Registrar may evaluate— |
| (a) | any variety in respect of which an application for national listing has been accepted in terms of section 30; or |
| (b) | any variety which has been listed in the national varietal list. |
| (3) | The prescribed quantity of plants or prescribed mass of propagating material of the variety in question required for the purposes of the evaluation must be supplied to the Registrar by the applicant at the prescribed time and prescribed place. |
| (4) | The Registrar may, in order to enable him or her to evaluate a variety— |
| (a) | examine the variety in the manner which he or she deems appropriate; |
| (b) | cause the variety to be examined; or |
| (c) | obtain results of an evaluation conducted on that variety. |
| (5) | The Registrar may, as a result of the evaluation of a variety— |
| (a) | approve or refuse the variety for national listing; or |
| (b) | retain or remove the variety from the national varietal list. |
| (6) | If the Registrar decides to refuse or remove a variety from the national varietal list, he or she must notify the applicant in writing within 21 days of the date of the decision and the reasons for the decision. |
| (7) | If plants or propagating material cannot be supplied in terms of subsection (3), the Registrar must— |
| (a) | in the case of a variety referred to in subsection (2)(a), refuse the application for national listing of the variety; or |
| (b) | in the case of a variety referred to in subsection (2)(b), remove the variety from the national varietal list. |