New Plant Improvement Act takes effect, tightening standards for SA seed industry

The modernised Act introduces a comprehensive system meant to regulate the production, distribution, and trade of plants and propagating materials.

 

South Africa’s agricultural sector has entered a new regulatory era as the Plant Improvement Act, 2018 (Act 11 of 2018) and its accompanying regulations officially came into effect on 1 December 2025. The implementation follows President Cyril Ramaphosa’s signing of the proclamation after Agriculture Minister John Steenhuisen approved the regulations earlier this month.

The updated legislation replaces the nearly five-decade-old Plant Improvement Act of 1976, marking one of the most significant overhauls of South Africa’s plant and seed regulatory framework since the country’s democratic transition. Both the new Act and its regulations were formally published in Government Gazette No. 53707 on 21 November 2025.

Strengthening Industry Oversight and Seed Quality

The modernised Act introduces a comprehensive system meant to regulate the production, distribution, and trade of plants and propagating materials. It seeks to improve agricultural productivity, ensure quality standards, and boost the competitiveness of South Africa’s plant industry.

Key systems established under the Act include:

• Registration of plant-related businesses, ensuring that companies producing or selling propagating material operate under clearly defined standards.

• Registration of premises, enabling traceability and improved compliance monitoring.

• Quality standards for plants and propagating material, ensuring seeds and seedlings meet strict requirements before they reach growers.

• National listing of plant varieties, creating a centralised database of approved varieties for cultivation and sale.

• Varietal evaluation, used when there is uncertainty about the value, performance, or suitability of a plant variety.

• Import and export controls, reinforcing biosecurity measures and aligning with international phytosanitary standards.

• Certification schemes, assuring farmers and nurseries that plant materials are true-to-type and meet prescribed quality benchmarks.

Major Additions Introduced by the 2018 Act

Several significant provisions absent from the 1976 legislation have now been incorporated, reflecting scientific progress and shifting agricultural priorities.

Notable new inclusions:

• Regulation of businesses involved in propagating material, filling a gap previously unaddressed.

• Legal cultivation of hemp (Cannabis sativa L.), with a revised definition recognising plants containing no more than 2% THC, a substantial shift from the previous 0.2% threshold. This change aligns South Africa more closely with global hemp industry standards and positions the country to expand its industrial cannabis sector.

• Publication of a National Varietal List Journal, which will allow transparent updates on newly approved or listed plant varieties.

• Formal process for hearing objections submitted to the Registrar regarding applications for national plant variety listing, improving administrative fairness and accountability.

New Advisory Committee to Support Implementation

The Act also establishes an advisory committee mandated to provide expert guidance to the Registrar on technical matters, legal interpretation, and administrative challenges. This ensures that decisions regarding plant varieties, quality standards, and certification systems are informed by scientific expertise.

In its official statement, the Department of Agriculture emphasised that the Act creates a strengthened legal framework “for the production and sale of good quality, true-to-type seed and vegetative propagating material,” noting that these improvements will play a critical role in enhancing agricultural productivity, food security, and sustainability.

Accessing the Act and Further Information

The full text of the Act and its regulations is available on the Department of Agriculture’s website at: https://www.nda.gov.za

For technical enquiries, stakeholders may contact:

• Joseph Mahlabe, Director: Plant Production Tel: 012 319 6072 Email: JosephMa@nda.gov.za

• Ashika Kistnasamy, Registrar: Plant Improvement Act Tel: 012 319 6072 Email: AshikaK@nda.gov.za

As South Africa modernises its agricultural legislative environment, the updated Plant Improvement Act is expected to enhance seed quality, improve regulatory enforcement, and support innovation in the rapidly evolving plant production sector.