Plant Improvement Act, 2018 (Act No. 11 of 2018)RegulationsRegulations made in terms of the Plant Improvement Act, 2018Chapter IV: Conditions for Sale of Plants and Propagating Material47. Marking and labelling of plants |
| (1) | Subject to the provisions of subregulation (4), a plant that is sold must be furnished with a label on which is indicated in clearly legible symbols, letters and figures— |
| (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; |
| (d) | the name and address of the premises where such plant is sold or was grown: Provided that where such plant is resold, the name and address of the premises from which it was obtained, may also, or instead thereof, be indicated; |
| (e) | the number of the lot/batch of plants to which such plant belongs. |
| (2) | If a plant referred to in subregulation (1) is certified, the label in respect of such plant must also contain— |
| (a) | the certification number of the certificate issued in respect of the lot/batch concerned; and |
| (b) | the further information which must 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. |
| (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— |
| (a) | such producer must take delivery of the plants at the nursery, or the nursery concerned must deliver the plants direct to the producer at his premises; and |
| (b) | the information referred to in subregulation (1) is furnished in an accompanying invoice. |
| (5) | When a variety is advertised, offered for sale or marketed, it is permitted to associate a trademark, trade name or other similar indication with an approved variety denomination. |
| (6) | The trademark, trade name or other similar indication referred to in subregulation (5) may not be used alone without the approved variety denomination; the variety denomination must at all times be easily recognisable. |