The new Plant Improvement Act, assented to in 2019, has formally replaced the 1976 legislation with effect from 1 December 2025. This ushered in a stringent new regime of quality standards, business registration, and variety evaluation for South Africa’s agricultural trade.
This week, South Africa’s agricultural sector has officially entered a new regulatory era with the long-awaited commencement of the Plant Improvement Act, 2018 (Act No. 11 of 2018), which was signed into law on 27 March 2019.
The core purpose of both the old and new law is to provide clear systems for the regulation of businesses, premises, and the quality of plants and propagating material intended for cultivation and sale.
Modernising plant regulation
The new law signals a shift towards modern governance and market enablement, specifically designed to align the country’s plant improvement framework with current industry needs.
The updated legal framework is expected to help the entire farming industry, enabling sustainable crop production by regulating the quality of seeds and vegetative material used. This will ultimately support food security and help small-scale farmers transition into commercial agriculture.
The broad overhaul of the act provides for:
- The registration of certain types of business relating to plants and propagating material intended for cultivation and sale, and the registration of premises on or from which that business is conducted.
- Quality standards for plants and propagating material intended for cultivation and sale, and conditions of sale of plants and propagating material.
- A system for national listing of plant varieties.
- The evaluation of plant varieties in order to ensure value if there is doubt in respect of the value for cultivation and use of plant varieties intended for cultivation and sale.
- Import and export control of plants and propagating material.
- A system for different types of schemes for plants and propagating material, and to provide for matters connected therewith.
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Meanwhile, Free State crop farmer Evan Motsoaledi said he is hopeful that the new act would help farmers grow their operations.
“I think what is important is for government or whoever is responsible for implementing this act to raise awareness about this act. We do not know much about it.
“If workshops could be organised for us to know and understand the pros and cons of this act, how would it help us. It will go a long way in understanding what the context of the act is and how they protect us as crop farmers. We can only know this through extensive awareness,” he said.
Old vs new legislation
Here are some specific structural and conceptual changes between the repealed act and the new legislation:
| Feature | Plant Improvement Act, 1976 (Act No. 53 of 1976) | Plant Improvement Act, 2018 (Act No. 11 of 2018) | Key change |
| Business/premises registration | Provided for the registration of establishments. | Provides for the registration of certain types of business and the premises on or from which that business is conducted. | Separated registration requirements for the type of business and the physical premises, allowing for dual control. |
| Variety evaluation standard | Focused on a certification system to ensure the usefulness of the products thereof for agricultural and industrial purposes. | Mandates evaluation to ensure value if there is doubt in respect of the value for cultivation and use. | Shifted the focus from general ‘usefulness’ to a commercially specific standard of ‘value for cultivation and use’. |
| Varietal listing system | Provided for a varietal list. | Provides for a system for national listing of plant varieties, a definition for a regional varietal list, and establishment of a National Varietal List Journal. | Modernised the listing system to include regional (SADC) recognition and a formal publication process. |
| Regulation of industrial hemp | Does not contain specific provisions for regulating Cannabis sativa L. (hemp) cultivation for agricultural or industrial purposes. | Explicitly enables the cultivation and trade of Cannabis sativa L. (hemp) varieties in its scope, with regulations defining it as low THC (0.2%). | Created a new regulatory pathway for a potentially large-scale commercial crop by including it under a specific permit and regulation system. |
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