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South Africa: New Plant Improvement Act comes into effect

The South African Department of Agriculture has announced that the Plant Improvement Act, 2018 (Act 11 of 2018) and its accompanying regulations came into effect on 1 December 2025. President Cyril Ramaphosa signed the proclamation of the new Act after Agriculture Minister John Steenhuisen approved the regulations. The Act replaces the Plant Improvement Act of 1976 (Act No. 53 of 1976). Both the proclamation and its regulations were published in Government Gazette No. 53707 on 21 November 2025.

The updated legislation establishes systems for the registration of businesses involved with plants and propagating material intended for cultivation and sale, as well as the registration of premises from which these businesses operate. It also sets quality standards for plants and propagating material, outlines conditions of sale, and provides for the national listing of plant varieties. The Act includes processes for evaluating plant varieties when there is uncertainty about their value for cultivation and use, and it strengthens import and export control of plants and propagating material. Certification schemes for plants and propagating material are also part of the framework.

The 2018 Act introduces new provisions that were not included in the 1976 law. These additions include the registration of businesses dealing with plants and propagating material, along with new rules for cultivating Cannabis sativa L. (hemp) varieties in South Africa. The revised definition now classifies hemp as low tetrahydrocannabinol (THC) plants or plant parts containing no more than 2 percent transdelta 9 THC, a change from the previous limit of 0.2 percent. The Act also provides for the publication of a National Varietal List Journal and outlines the process for hearing objections lodged with the Registrar in connection with applications for National Listing of plant varieties. In addition, the Act establishes an advisory committee that may support the Registrar on technical or administrative matters related to its implementation.

According to the department, the Plant Improvement Act creates a legal framework for producing and selling high quality, true to type seed and vegetative propagating material. This framework supports the productivity and long term sustainability of food production in South Africa.

Source: South African Government News Agency

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