3 An Act to provide for the control, sale, importation and exportation of seeds and matters incidental thereto. PART I PRELIMINARY Short title and commencement. 1. (1) This Act may be cited as the Seeds and Plant Varieties Act, 2000 and subject to subsection (2) shall come into operation on such date as the Minister may appoint by notice in the Gazette. (2) The Minister may appoint different dates for the coming into operation of different Parts or different provisions of this Act. Interpretation. 2. In this Act, unless the context otherwise requires — “advertisement” means any statement, picture, design or device — (a) published in any newspaper or other public print; (b) contained in any handbill, circular or any other matter which is distributed to the members of the public; or (c) brought to the notice of the public through radio or television or any other manner; “Board” means the Appeals Board referred to in section 31; “business” means the business of — (a) cleaning, grading, prepacking and distribution of seed carried out in a registered establishment in terms of this Act; (b) the retail sale of seed; “certification scheme” means a scheme established under Part IV of this Act; “certified seed” means seed produced and controlled under the provisions of a scheme referred to in Part IV: “cleaning” means the treatment or processing of seed in order to improve the quality thereof; “Committee” means a committee referred to in section 18; “container” means any container in which seed is placed or packed; “denomination” means the generic name of a variety; “establishment” means any premises where business is carried out and which has been registered in terms of this Act; “International Certificate” means an International Seed Testing Certificate issued under the auspices of the International Seed Testing Association; “kind” means all related genera, species and sub-species of a plant which are known by the same common name; “Minister” means the Minister responsible for Agriculture; “Official Seed Testing Station” means the seed testing station where seed is tested in respect of any physical or biological property; “owner or occupier” means, in relation to an establishment, the person who is the owner or lessee of the establishment or who has otherwise the right of management thereof; “pack” means to pack for sale; “prescribed seed” means any seed to which this Act applies by virtue of a regulation made under section 33; “Registrar” means the Registrar of Seeds appointed under section 4; “regulation” means a regulation made under this Act; “seed” means that part of a plant which is or is intended to be used for propagation and includes seed, seedling, corn, cutting, bulb, bulbil, layer, marcott, root, runner, scion, set, split, stem, stock, stump, sucker, or tuber so used or intended to be so used; “unit for certification” means any area of land registered under section 23 of this Act; “variety list” means the list kept in terms of section 21; “variety” means an assemblage of cultivated individuals which are distinguished by any character (morphological, physiological, cytological, chemical or others) significant for the purpose of agriculture, horticulture or forestry, and which when reproduced (sexually or asexually) retain their distinguishing characters.