The Plant Improvement Act, 2018 (Act 11 of 2018) and its Regulations are in operation with effect from 1 December 2025, replacing the previous Plant Improvement Act, 1976 framework.
Does this apply to you?
This update is most relevant to operators and stakeholders dealing with declared kinds of plants or propagating material intended for cultivation and sale, particularly if you:
- clean/condition, pre-pack or sell seed;
- operate a nursery or other multiplication facility;
- operate a laboratory testing plant/propagating material; or
- import or export plants or propagating material.
What the new framework covers
The Act creates an updated compliance system across the plant/propagation-material value chain, including:
- registration of specified types of businesses and the premises from which they operate;
- conditions of sale and prescribed requirements (including packing/labelling where applicable) for plants and propagating material;
- a national listing system for plant varieties, including publication steps and objection processes;
- import and export control of plants and propagating material; and
- certification- and other schemes supporting quality assurance.
Notable regulatory developments
- In terms of section 38, the Registrar may, in cases where the value for cultivation and use of a variety is doubtful, evaluate that variety to determine its value and may approve or refuse the variety for national varietal listing based on the evaluation.
- In terms of section 35, the Registrar must, in order to enable the Registrar to determine whether a variety is distinct, uniform and stable, conduct tests and trials or use the tests and trials obtained from an authority in another country. The applicant must therefore furnish the Registrar with plant material for such trials within the prescribed period.
- The Act does not apply to non-commercial varieties (i.e. to unprotected varieties at quantities less than those prescribed in Table 3 and in the case of seeds regulated by the Act, any open-pollinated variety).
- Hemp: the Regulations define Cannabis sativa L. (hemp) by reference to a THC ceiling (≤ 2% in leaves/flowering heads) and introduce a dedicated “hemp permit” regime for specified hemp-related activities.
- National listing visibility: the Act provides for publication of a National Varietal List Journal and a process for the hearing of objections relating to national listing applications.
Practical next steps (recommended)
- Confirm whether your activities require registration, and whether each operating site/premises must be registered.
- Review product handling, record-keeping and sale processes against the Regulations (especially if you sell, pre-pack, or condition seed/propagating material).
- If you deal in imports/exports, review your import/export processes and documentation.
- If you breed/introduce varieties, track the national listing process and Journal publications, and understand the objections/hearing procedure.
Conclusion
The commencement of the Plant Improvement Act, 2018 and its Regulations is a meaningful change for the sector. Operators handling declared plants or propagating material should treat this as an immediate prompt to verify registration status, align sales and record-keeping practices, and update internal compliance processes. If you would like assistance with a targeted compliance check under the new framework, please contact us.
