Genetic Resources

Towards an effective seed regulatory environment in South Africa

INTRODUCTION

One of the goals of the Department of Agriculture is to promote the conservation and sustainable use of plant genetic resources for food and agriculture. Seed and other plant propagating material are vital carriers of genes that ensure sustained agricultural production to meet the growing food demand. The continued supply of good quality seed is an important component of the overall food chain.

THE SEED SECTOR IN SOUTH AFRICA

South Africa has an integrated seed system represented by the formal system, which predominantly markets commercial seed varieties, and the informal rural system, which perpetuates and improves landraces or farmers' varieties. Traditional, cultural seed exchange and on-farm seed-saving mechanisms are confined to rural practices and play an important role in maintaining genetic diversity. Landraces and wild related plants are the sources of genes for breeding modern varieties, which demonstrates that the two seed systems are interdependent and play a vital socio-economic role. South Africa, therefore has a relatively well-developed seed system that is operated by local and multinational seed companies alongside informal operators. The seed network, in collaboration with government and other partners, contribute to international gene and/or technology exchange as well as access to newly-developed varieties.

CHALLENGES FACING THE SEED SECTOR

Equitable access to seed as a result of poor market infrastructure and other logistical problems;

Unlawful commercial seed traders or contractors whose operations lead to the following problems, amongst others:

compromised quality by selling substandard seed,

unreliable and unaccountable deals,

non- payment of prescribed fees,

undermining legislation and therefore causing instability in the seed sector.

Such irregularities impact negatively on the farmers, especially the more vulnerable or misinformed rural farmers, resulting in:

disruption of farming operations;

barren lands as a result of the unavailability of seed;

poor production, etc.

To overcome some of these challenges requires that all who are involved should act responsibly and to ensure familiarity and adherence with prescribed requirements in order to promote a sustainable climate of confidence in the seed trade in South Africa and to ensure food security and economic prosperity.

Guiding legislation is available but sometimes not complied with.

LEGISLATION

Plant propagating material legislation administered by the Directorate Genetic Resources is as follows:

The Plant Improvement Act, 1976 (Act No. 53 of 1976)

The Act and subsequent regulations are basically aimed at creating an orderly trade in plant-propagating material. The Act was formulated to regulate aspects of the trade in plant-propagating material for cultivation purposes and only applies to species that are declared in terms of the Act and viewed as economically important. Some of the important requirements of the Act are to provide for:

the registration of premises from which the sale of certain plants or the cleansing, packing and sale of certain propagating material may be undertaken as well as the fees payable for registration;

the conditions subject to which such plants or propagating material may be sold for the purposes of cultivation;

the national variety list for the recognition of certain varieties of plants to ensure trueness to type or variety;

labelling of all containers of seed with the name of the kind of seed, variety, lot number, germination, physical purity, and where appropriate, the size grade;

maintenance of proper records, and official documents required for seed trade;

a system of certification of plants and propagating material with the object of maintaining the quality of certain plants and propagating material, and ensuring the usefulness of the products thereof for agricultural and industrial purposes;

prohibitions in respect of insects, pathogens, weeds that may be encountered on or within seed lots;

the powers of authorised officers in terms of carrying out inspections for quality control;

accreditation and auditing of private seed-testing laboratories, and

the control of the import and export of certain plants and propagating material.

The Plant Breeders' Rights Act, 1976 (Act No. 15 of 1976)

The purpose of the Act is to protect the intellectual property rights of persons who have bred or developed new varieties of plants through the granting of plant breeders' rights for such new varieties. The holder of a plant breeders' right is entitled to obtain royalties for the use of his/her variety by other persons. Any person who wants to use a protected variety may only do so when issued with a licence for the use of the material by the holder of the right. Infringements of plant breeders' rights are punishable by law.

The Genetically Modified Organisms Act, 1997
(Act No. 15 of 1997)

The objective of the Act is to control the production and use of genetically modified organisms (GMOs) in a safe environment without deterring research development. The Act therefore requires risk assessments to be carried out before the release of any GMOs.

BENEFITS OF AN EFFECTIVE SEED SYSTEM IN THE COUNTRY

It is considered in the interests of both the buyer and seller that minimum standards are laid down for qualities of seed that may be traded;

Maintaining genetic quality of the material and ensuring its usefulness for agricultural and industrial purposes;

Quality and control measures are an assurance for investment in the seed sector and therefore maximising returns to farmers;

Minimising risk and optimising production output for the farmer;

Enhancing national food security, etc.

HOW COULD YOU HELP?

Familiarise yourself with prescribed requirements and act within their constraints;

Ensure that the seed or plant propagating material you acquire for cultivation is authentic, of good quality and is supported by information clearly printed on the labels of the containers;

If involved in cleansing, packing or sale of seed or plant propagating material, register the business premises properly and operate under prescribed requirements to ensure good quality products;

Buying protected, listed, commercial seed or plant propagating material from unauthorised persons is unlawful and should be avoided;

Your responsive behaviour will improve your business image and demand for your seed varieties

HOW COULD WE HELP?

Information and/or assistance is readily available to anyone who wishes to enter the trade in seed and/or other plant-propagating material or may be experiencing problems in this regard;

Copies of the Plant Improvement Act, 1976 (Act No. 53 of 1976) and other legislation governing plant genetic resources are available on request;

Officials of the Directorate could avail themselves to address and clarify regulatory issues as well as inspection routine;

The Official Seed Testing Station could assist in performing seed quality assessments where in doubt.

NB. Without your help, the Department of Agriculture, with its limited resources, would not be able to cope with the full implementation of relevant legislation in plant-propagating material and would encourage responsiveness among people who utilise plant-propagating material.

For further information, please contact:

Region Telephone Facsimile

Bloemfontein (051) 447 6227 (051) 448 0802

Durban (031) 337 2755 (031) 368 2408

Nelspruit (013) 753 2071 (013) 752 3854

Port Elizabeth (041) 484 2725 (041) 484 2785

Pretoria (012) 319 6681 (012) 310 7059

Stellenbosch (021) 809 1648 (021) 887 2264

The Senior Manager
Genetic Resources
Private Bag X973
Pretoria 0001
Tel: (012) 319 6199
Fax: (012) 319 6329

E-mail: dinakel@nda.agric.za

DEPARTMENT: AGRICULTURE

	Equitable access to seed as a result of poor market infrastructure and other logistical problems;
	Unlawful commercial seed traders or contractors whose operations lead to the following problems, amongst others:

	compromised quality by selling substandard seed,
	unreliable and unaccountable deals,
	non- payment of prescribed fees,
	undermining legislation and therefore causing instability in the seed sector.

	disruption of farming operations;
	barren lands as a result of the unavailability of seed;
	poor production, etc.

	the registration of premises from which the sale of certain plants or the cleansing, packing and sale of certain propagating material may be undertaken as well as the fees payable for registration;
	the conditions subject to which such plants or propagating material may be sold for the purposes of cultivation;
	the national variety list for the recognition of certain varieties of plants to ensure trueness to type or variety;
	labelling of all containers of seed with the name of the kind of seed, variety, lot number, germination, physical purity, and where appropriate, the size grade;
	maintenance of proper records, and official documents required for seed trade;
	a system of certification of plants and propagating material with the object of maintaining the quality of certain plants and propagating material, and ensuring the usefulness of the products thereof for agricultural and industrial purposes;
	prohibitions in respect of insects, pathogens, weeds that may be encountered on or within seed lots;
	the powers of authorised officers in terms of carrying out inspections for quality control;
	accreditation and auditing of private seed-testing laboratories, and
	the control of the import and export of certain plants and propagating material.

	It is considered in the interests of both the buyer and seller that minimum standards are laid down for qualities of seed that may be traded;
	Maintaining genetic quality of the material and ensuring its usefulness for agricultural and industrial purposes;
	Quality and control measures are an assurance for investment in the seed sector and therefore maximising returns to farmers;
	Minimising risk and optimising production output for the farmer;
	Enhancing national food security, etc.

	Familiarise yourself with prescribed requirements and act within their constraints;
	Ensure that the seed or plant propagating material you acquire for cultivation is authentic, of good quality and is supported by information clearly printed on the labels of the containers;
	If involved in cleansing, packing or sale of seed or plant propagating material, register the business premises properly and operate under prescribed requirements to ensure good quality products;
	Buying protected, listed, commercial seed or plant propagating material from unauthorised persons is unlawful and should be avoided;
	Your responsive behaviour will improve your business image and demand for your seed varieties

	Information and/or assistance is readily available to anyone who wishes to enter the trade in seed and/or other plant-propagating material or may be experiencing problems in this regard;
	Copies of the Plant Improvement Act, 1976 (Act No. 53 of 1976) and other legislation governing plant genetic resources are available on request;
	Officials of the Directorate could avail themselves to address and clarify regulatory issues as well as inspection routine;
	The Official Seed Testing Station could assist in performing seed quality assessments where in doubt.

Region	Telephone	Facsimile
Bloemfontein	(051) 447 6227	(051) 448 0802
Durban	(031) 337 2755	(031) 368 2408
Nelspruit	(013) 753 2071	(013) 752 3854
Port Elizabeth	(041) 484 2725	(041) 484 2785
Pretoria	(012) 319 6681	(012) 310 7059
Stellenbosch	(021) 809 1648	(021) 887 2264