PLANT IMPROVEMENT BILL
1
CONTENT










ACRONYMS
INTRODUCTION
OBJECTIVES OF PLANT IMPROVEMENT BILL
SCHEMATIC OVERVIEW OF SCOPE OF PLANT
IMPROVEMENT LEGISLATION
INTERNATIONAL LINKAGE
DEVELOPMENT OF PLANT IMPROVEMENT BILL
MAJOR SHORTCOMINGS IN CURRENT LEGISLATION
OVERVIEW OF PLANT IMPROVEMENT BILL
IMPLEMENTATION
RECOMMENDATION
2
ACRONYMS
DUS
Distinctness, Uniformity,
Stability
ISTA
International Seed Testing
Association
OECD
Organisation for Economic
Cooperation and Development
VCU
Value for Cultivation and Use
UPOV
International Convention for the
Protection of New Varieties of
Plants
3
INTRODUCTION
 Plant improvement has been practiced for thousands of years. Many of the well
known agricultural crops originated from domesticated varieties taken from the
wild to produce food.
 Plant improvement is an important element of agricultural production, involving
the development of improved varieties by means of breeding or selection.
 Growing populations, climate change and disease pressure are important drivers
to develop improved varieties.
 Propagation material is the foundation of agricultural production and the quality
thereof impacts significantly on the food security of the country. Propagation
material refers to any reproductive or vegetative material that may be used for
producing other plants of the same variety, e.g. seed, bulbs, cuttings, tubers.
 Legislation regulating propagation material contributes to order in the agricultural
production sector, trust in the national systems, leading to international trade and
establishment of markets and ultimately to food and job security.
4
OBJECTIVES OF PLANT IMPROVEMENT BILL
The purpose of plant improvement legislation is to regulate the
quality of plants and propagation material intended for cultivation
and sale by means of:
 Registration of types of business and premises involved in cultivation
and sale of plants and propagation material.
 National listing of plant varieties (registration of varieties).
 Conditions of sale, physical quality standards and labelling
requirements for plants and propagation material.
 Import and export control of plants and propagation material.
 Improvement schemes.
Only agronomy, vegetable and fruit crops are regulated. Scope may be
extended to cover other crops or just certain aspects of such crops.
5
SCHEMATIC OVERVIEW OF SCOPE OF PLANT
IMPROVEMENT BILL
Business
Seed seller, Seed cleaner,
Nursery,
Test laboratory
Certification
schemes
Registration of
varieties:
varietal listing
(DUS)
Propagation material of
plant varieties of
agronomy, vegetable, fruit
crops
Quality Control
label information
seed quality
visual plant health
Foreign
markets
Export
Import
(D=distinctness; U=uniformity; S=stability)
6
REGISTRATION OF VARIETIES – APPLICATIONS
From abroad:
new or existing varieties
Local:
new or existing varieties
Application for
varietal listing
Import
Assess application:
declaration, variety denomination, fees
accepted
Evaluation centre
notified to perform
DUS trials
rejected
Applicant notified
(D=distinctness; U=uniformity; S=stability)
7
REGISTRATION OF VARIETIES – EXAMINATIONS
Evaluation centre
performs DUS trials
DUS results report
submitted to Registrar
Compliance: approval
Variety denomination
entered in Varietal List
Non-compliance: rejection
Applicant notified
(D=distinctness; U=uniformity; S=stability)
8
INTERNATIONAL LINKAGE
International Seed Testing Association (ISTA) membership
 Provides standardised seed testing methods for germination and purity.
 Quality management standards applied for registration test laboratories.
 Allows RSA to issue Orange International Certificates (OICs) for seed produced
locally – some countries only accept imported seed with OIC.
Organization for Economic Co-operation and Development (OECD)
 South African Seed Certification Scheme is OECD compliant.
 South African certified seed is accepted and recognised internationally.
 OECD Seed Schemes forms general framework for plant certification schemes.
International Convention for the Protection of New Varieties of Plants (UPOV)
 National listing.
 Requirements for Distinctness, Uniformity, Stability, variety denomination, test
guidelines for examination.
9
DEVELOPMENT OF PLANT IMPROVEMENT BILL
 took into account:
 the principal legislation: The Plant Improvement Act, 1976 (Act 53).
 experiences/ constraints in the implementation of the Act.
 other relevant national legislation, policies, strategies and programmes.
 recognized:
 the importance of quality propagating material to support sustainable agricultural
production.
 the important role quality standards for plants and seed as well as standards for
types of business dealing with plants and seed towards food security.
 the important contribution of the seed trade to the economy (e.g. global markets
require adherence to internationally accepted quality standards for plants and
seeds).
 the importance of promoting wider participation in the seed sector (other types of
businesses, community seed production, etc.).
10
DEVELOPMENT OF PLANT IMPROVEMENT BILL
 Consultation processes:
 Initial drafting phase: consultation with key stakeholders.
 Published in the Government Gazette for public comments: April 2013.
 National workshops with key stakeholders: November 2010 and May 2013.
 Affected government departments – Science and Technology, Trade and Industry,
Environmental Affairs : March 2013.
 National House of Traditional Leaders: April 2013.
 Provinces: February 2014.
 The inputs were incorporated and draft Bill was finalised.
 Pre-certification
 The State Law Advisors had made comments on the Bill which were also dealt
with: consultations in 2012, 2013 and 2014.
 No conflicts with Constitution and other government legislation.
 The final Bill has been certified by the State Law Advisors.
11
MAJOR SHORTCOMINGS IN CURRENT
LEGISLATION
The current Act dates from 1976 and does not cater for recent
developments
Penalties, policing and enforcement of the Act are not effective
Emerging problems threatening the sustainability of the seed industry
Examples include: farm saved seed or seed retention
Difficulty in facilitating the participation of small-holder farmers in current
certification schemes.
Structure of the current Act is too cumbersome and thus difficult to read.
12
OVERVIEW OF PLANT IMPROVEMENT BILL
Section 1: Definitions (interpretation of terminology)
Chapter 1 Application of the Bill
Section 2 - types of crops covered, how to extend to more crops
Bill only applicable on crops as declared, Minister may extend
upon application
Chapter 2 Registrar and Administration
Sections 3-8: designation and functions of Registrar, discretionary
powers, registers, inspection (viewing) of documents
13
OVERVIEW OF PLANT IMPROVEMENT BILL (2)
Chapter 3 Registration of Business and Premises
Sections 9-21: types of business requiring registration, application
and registration procedure, requirements, termination
Chapter 4 Conditions for sale
Sections 22-23: requirements for plants and propagating material,
exemptions for certain plants and propagating material; detail to be
contained in Regulations.
Chapter 5 National Varietal List
Sections 24-26: content, maintenance and publication of list and
removal of varieties
14
OVERVIEW OF PLANT IMPROVEMENT BILL (3)
Chapter 6 Application for National Listing
Sections 27-32: varieties eligible for listing, procedure for application,
documentation and objection
Chapter 7 Variety Denominations
Sections 33-34: requirements for denominations, related to Chapter 6
Chapter 8 Evaluation for Distinctness, Uniformity, Stability (DUS)
Sections 35-37: requirements for testing and decision making, related
to Chapter 6
Chapter 9 Value for Cultivation and Use (VCU)
Section 38: optional evaluation for value and use
15
OVERVIEW OF PLANT IMPROVEMENT BILL (4)
Chapter 10 Hearing of Objections
Section 39: procedure for hearings by Registrar
Chapter 11 National Varietal List Journal
Section 40: journal and its content, related to Chapters 6 and 8
Chapter 12 Inspections
Sections 41-42: procedures for inspections and inspection on
grounds of warrant
Chapter 13 Import and Export of Plants and Propagating Material
Sections 43-44: requirements and procedures
16
OVERVIEW OF PLANT IMPROVEMENT BILL (5)
Chapter 14 Schemes
Sections 45-46: types of schemes and procedures to establish
Chapter 15 Appeals
Section 47: procedure for appeals against decisions by Registrar
or authority of a scheme
Chapter 16 Advisory Committee
Sections 48-51: purpose, composition and procedures
Chapter 17 General Provisions
Sections 52-63: request for tests by other authorities, disclosure
of information, regulations, offences and penalties, evidence,
liability, delegations and repeal of laws
17
IMPLEMENTATION
 National Authority to perform tests for variety listing is in place, includes
two evaluation farms situated at Roodeplaat and Stellenbosch.
 The Official Seed Testing Station which is internationally accredited by
the International Seed Testing Association is also in place at
Roodeplaat.
 Amendment of Regulations to give effect to the provisions (starting
2015/16)
 The appointment of an Advisory Body will follow the process of calling
for nominations and appointment by the Minister.
 The systems for registration of premises is in place.
 National inspection services are also in place for enforcement
purposes.
18
Thank you
19