Plant Improvement Act, 2018 (Act No. 11 of 2018)RegulationsRegulations made in terms of the Plant Improvement Act, 2018Chapter II: Application of Regulations5. Exemption for plants and propagating material |
| (1) | For purposes of section 23(2)(a) of the Act, the noncommercial scale for cultivation and safe of unprotected variety of any kind of plant regulated under the Act refers to cultivation and sate in limited quantities and mainly intended for use by— |
| (a) | household and subsistence producers/farmers who produce primarily for household consumption and may have a limited surplus production for selling; and |
| (b) | smallholder producers/farmers who produce for household consumption and derive a source of income from agriculture activities. |
| (2) | The maximum amount of seed per variety imported or sold by a person on a non-commercial scale stipulated in subregulation (1), is specified in Table 3, limited to the amounts indicated in column 2 per year and column 3 per container for the respective kind of plant. |
| (3) | In cases where the amount of seed for a variety exceeds that indicated in column 2 or 3 of Table 3 for the respective kind of plant, the exemption from the provisions of the Act for national listing is no longer applicable. |
| (4) | A fruit tree variety is considered non-commercial if the number of trees sold per nursery per annum does not exceed 100. |
| (5) | The provisions of subregulations (1) to (4) shall not apply to plants and propagating material of hemp. |